High Court blocks execution on developed Tynwald stand

The High Court in Harare has stopped the sale in execution of a Tynwald property after ruling that buyers who paid for and developed the stand had proved "special circumstances" warranting protection from attachment.

In the matter Sheriff of Zimbabwe v Hlombe and Others (4662/25) [2026] ZWHHC 125, Justice Deme ruled in favour of Yolander Hlombe and Simba Nyamarezi, declaring the immovable property not executable, even though it remains registered in the judgment debtor's name.

The property had been attached by the Sheriff to satisfy a debt arising from a separate High Court case. However, the claimants argued that they purchased the stand in 2020, paid the full purchase price, took occupation and constructed a five‑bedroom house on the land.

The judgment creditor opposed the claim, insisting that title determines ownership and therefore the right to execute.

But the court, relying on the precedent CBZ Bank Ltd v Moyo & Another, held that a title deed is only prima facie proof of ownership, and that courts may intervene where special circumstances exist.

Justice Deme found that the claimants' full payment, long‑term occupation and substantial improvements — combined with delays in transfer caused by compliance requirements under the Deeds Registries Act — constituted sufficient grounds to halt execution.

He warned that allowing the sale would cause irreparable prejudice and result in unjust enrichment, as the developments were made entirely at the claimants' expense.

The court also reaffirmed its authority to control execution proceedings, citing the landmark case Mupini v Makoni.

The judgment creditor was ordered to pay costs, including those arising from the attachment.