On 22 March 2017 I partially dismissed Claimant’s claim to goods attached by the Sheriff of Zimbabwe in a bid to satisfy a debt due to the Judgment Creditor, Brighton Katerere. Reasons for the decision having been requested, I hereby furnish same as provided in my ex tempore judgment. The Judgment Creditor is a former employee of Claimant’s company Auto House (Pvt) Ltd. He got an award in a labour matter and registered same in this court against Auto House (Pvt) Ltd. In seeking execution, two tractors one water bowser and 20 disc roam harrows were attached. Claimant claims the... More
The background of the case is that on 7 August, 2006, Chinhoyi Municipality repossessed stand 5435 Industrial from H & K Electrical in terms of Annexure D which is on p 40 of the interpleader application. The Municipality said it would allocate the stand to serious developers. That stand was sold to Gumbo Auctions by Chinhoyi Municipality on 27 February, 2007 as revealed by Annexure C1 on p 15 of the application. On 9 June, 2008, the Municipality wrote to Dube, Manikai and Hwacha, requesting them to transfer stand number 5435 to Rosgett Investments (Pvt) Ltd. The explanation in the... More
The background to this application is that the judgment creditor obtained judgment against five defendants jointly and severally the one paying the other to be absolved in case no. HC 11281/17 on 31 October 2019 per TSANGA J for payment of the sum of US$3 632 984.41. The five defendants in the order of the judgment listed first to fifth respectively were Chilruff Consultants (Private) Limited, Gift Madhlayo, Lucy Madhlayo, Nikkel Investments (Pvt) Ltd and Impala Properties (Private) Limited. Four immovable properties were declared specifically executable to satisfy the judgment debt. The properties are in the judgment order described as: More
In a claim under interpleader proceedings, the claimant must prove, on a balance of probabilities, that he is the owner of the item which the Sheriff has attached. Proof of ownership of a car would, for instance, require the claimant to produce the car’s registration book with his name on it, the agreement which relates to the sale of the car to him by the seller, the insurance policy he took for the car and any other document which satisfies the court that he, indeed, is the unquestionable owner of the motor vehicle. A bare claim to the car and... More
This is an interpleader application wherein I rendered an ex tempore judgment. I have now been requested for full reasons which appear hereunder.
On 28 March 2022 under HC 2084/21 an order was granted wherein the judgment creditor obtained an order against Nu Aero Private Limited t/a Fly Africa, (first defendant therein) and Cassidy Mugwagwa (2nd defendant therein) for payment of USD 300 000 or its Zimbabwean equivalent at the prevailing interbank rate as at date of payment. More
