ZIMBABWE MINING CO (PVT) LTD v OUTSOURCE SECURITY (PVT) LTD & ORS 2016 (2) ZLR 443 (S)

Flynote

Court: " officer " deputy sheriff " sales in execution " attachment of property " sheriff's duty to attach no more than required to satisfy judgment debt

Practice and procedure: " execution " sale " attachment of property in execution " duties of sheriff " should attach no more than enough to satisfy judgment debt

Headnote

In respect of a debt totalling $36 748, the Deputy Sheriff Gwanda attached a large amount of property valued in excess of several hundred thousand dollars. She then sold three of the attached items for a total of $104 000.

Held, that the Deputy Sheriff is required in terms of r 335 of the High Court Rules to make a proper inventory and valuation of the items attached and only to attach items deemed sufficient to satisfy the debt. The Deputy Sheriff is also required in terms of r 340 of the High Court Rules to stop the sale when enough money has been raised to meet the judgment debt and costs.

Held, further, that the Deputy Sheriff utterly failed to act in terms of the specific requirements of the High Court Rules. Her conduct was patently unreasonable, irresponsible, unlawful and vindictive. The attachment was a nullity and all of the sales in execution in consequence of the attachment were a nullity and set aside.