This matter came before me by way of an interpleader notice issued by the Deputy Sheriff of Harare in terms of Order 30 of the High Court Rules 1971. In his notice, the Deputy Sheriff advised that on 12 April 2006, he attached the sum of $694 803 288-36 (old currency) in account No. 0830137660107, in the name of Safety Shield (Private) Limited, held with the third claimant. The attachment was at the instance of the second claimant who holds a judgment of this court against the directors of Safety Shield (Private) Limited. After the attachment, the first claimant filed... More
The applicant herein presently holds certain equipment attached by him pursuant to execution of judgment in Barnsley v Harambe Holdings HC 6651/10. The judgment creditor obtained an arbitral award in September 2010 for the payment by Harambe Holdings of arrear salary amounting to US$61,879. After the registration of the award with this Court, the notice of seizure and attachment of the equipment in question was issued in October 2010.
The claimant is a wholly owned subsidiary of Harambe Holdings. However, it asserts that the seized property belongs to it and not to Harambe Holdings. The judgment creditor disputes this on... More
The plaintiff company (“lessor”) filed summons out of this court on 14 June 2006 seeking the eviction of the defendants (“lessee”), who are husband and wife, from subdivision D of Derbyshire Farm (“the farm”), holding over damages from the date of summons to the date of eviction and costs of suit. The defendants filed their plea and counterclaim on 12 December 2006. In the plea they sought the dismissal of the plaintiff’s claim with costs. In the counterclaim they sought an order of specific performance on payment of $400 000.00 (revalued) plus interest thereon at the prescribed rate from 29... More
The appellant was convicted of fraud in contravention of s 136(a) & (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], in that on 21st August 2020, with intent to deceive one Enock Atukwa, or realising that there was a real risk or possibility of deceiving Enock Atukwa and intending to cause Enock Atukwa to act upon the misrepresentation to the prejudice of Dorcas Kandiero or realising that there was a real risk or possibility that Anock Atukwa may act upon the misrepresentation to the prejudice of Dorcas Kandiero by misrepresenting that he was the son of Dorcas... More
This is an appeal against the granting of an application for summary judgment against the appellant by the court below. Having issued summons against the now appellant as the defendant, and an appearance to defend having been entered, the respondent herein applied for summary judgment claiming arrear rentals in the sum of US$8800.00 or its equivalent in Zimbabwean dollars at the prevailing bank rate for the lease of No 18 Harrow Road Masasa, Harare. Also sought was the cancellation of the lease agreement and an eviction of the appellant and all those claiming occupation through them from No 18 Harrow... More
