Sonto and Another v Zwane and Others (95 of 2022) [2023] SZSC 19 (29 June 2023)

Civil procedure - Appeal against High Court  Order directing ejectment of Appellants from property purchased by 3rd Respondent at a sale in execution - Appellants contending that High Court erred in refusing to determine Application to set aside sale in execution on the basis that it was not a valid defence to eviction proceedings - Appellants contending that sale was invalid for non­ compliance with Rule46(8)(a) and therefore could not serve to pass ownership to 3rd Respondent- Principle that property may be vindicated from bona fide purchaser where sale in execution was invalid discussed - Test for determining whether sale in execution complies with High Court Rules discussed - Alleged grounds of invalidity discussed.


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