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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:

  1. Dismissed application on urgency grounds alone
  2. Awarded costs against applicants
  3. 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

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