This matter involves two appeals; a main appeal noted by the appellants and a cross-appeal noted by the second respondent. Each appeal is against a part of the judgment of the High Court (“the court a quo”) handed down on 12 June 2024 as judgment number HH 240/24 in case number HC 6656/23 in an interpleader application filed by the first respondent in terms of r 63 (2) as read with r 63 (5) and (7) of the High Court Rules, 2021. The part appealed against in the main appeal are paras 1 to 5 of the judgment whilst the... More
These are two separate appeals against the same decision of the High Court (“the court a quo”) in an interpleader application, wherein the court a quo dismissed the two appellants’ claims to movable properties attached by the first respondent in each appeal (hereinafter referred to as “the Sheriff”) in execution of a judgment debt. The two appeals were consolidated and heard as one appeal. For the sake of convenience, the Court will refer to the appellant in the first appeal as “the first appellant” and the appellant in the second appeal as “the second appellant”. After hearing submissions by counsel,... More
This is an appeal against the whole judgment of the High Court sitting at Harare dated 10 July2019 in favour of the respondent. The court a quo in this case granted an interdict against the first and second appellants ordering them to share the money collected between 2014 and 2018 in accordance with the partnership agreement and stopping them from interfering with the management of stands 147 and 151 Mbuya Nehanda Street Harare. More
The appellant’s house Number 9, 27th Avenue, Haig Park in Mabelreign Harare (the house) was sold in execution. The appellant’s challenge of the sale in terms of the common law was dismissed with costs on the adverse scale by the High Court which then ordered her eviction, along with all those claiming occupation through her from the house. This is an appeal against that whole consolidated judgement of the High Court. More
