Delayed Action in Property Sale

Hwekwete v Renaissance Merchant Bank Ltd (HB 18/12)

Case Summary

CourtHigh Court of Zimbabwe

JudgeNdou J

PartiesAlecs & Judy Hwekwete vs Renaissance Merchant Bank Ltd

TypeUrgent Chamber Application

Core IssueStay of execution for property sale pending determination of another case

OutcomeApplication dismissed for lack of urgency

Key dates and events:

November 5, 2009: Bank lent $60,000 to CMS Leather (Pvt) Ltd
January 2011: Bank issued summons against guarantors
April 21, 2011: Summary judgment granted
July 18, 2011: Property attached
December 15, 2011: First attempt to stop sale
January 5, 2012: Property re-advertised for sale
January 24, 2012: Current urgent application filed

Property details:

Lot 8 of Lot 37A Lochview
5,427 square metres
Known as 3 Hill Road Lochview, Bulawayo

Loan details:

Amount: US$60,000
Security: Special hypothecation over property
Applicants signed as unlimited guarantors

Legal Principles & Considerations

Requirements for urgent applications:

Need to show irreparable harm
Applicant must treat matter urgently
Acceptable explanation for delay required

Relevant case law:

CABS v Ndlovu HH-3-06
Triangle Ltd v ZIMRA HB-12-11
Kuvarega v Registrar General 1998 (1) ZLR 188

Court's Analysis & Reasoning

Court found lack of urgency based on:

Significant delays in taking action:
- No action from July to December 2011
- Further delay after sale cancellation
- Waited after January 5 re-advertisement
Pattern of last-minute responses
No acceptable explanation for delays
Continued dilatory behavior under new legal representation
Failure to treat matter with required urgency

Final Orders & Implications

The court:

Dismissed application on urgency grounds alone
Awarded costs against applicants
Did not consider merits of case

Key Implications:

Reinforces importance of timely action in urgent applications
Establishes that date of reckoning doesn’t create urgency
Confirms need for consistent urgent treatment of matter
Shows courts’ intolerance of last-minute applications