These were interpleader proceedings in which following a judgment in favour of judgment creditor Albert Mabika, the claimant laid claim to a cotton ginnery plant which had been attached by the applicant. The judgment creditor and the claimant’s claims being adverse and mutually exclusive, the Sheriff, as he was bound to do, filed an Interpleader Notice with the High Court in terms of Order 30 of the High Court Rules, 1971. More
The applicant has claimed certain movable property attached in execution. The execution is pursuant to the judgment of this court in case no. HC 6637/16 wherein the judgment creditor obtained judgment against Bernstein Manufacturing for the payment of
$219 612.35 plus interest and costs. More
These are interpleader proceedings instituted by the Sheriff, the applicant herein, following objection to attachment of goods by N-Frasys (Private) Limited, the claimant herein. The goods were attached pursuant to a writ of execution issued at the instance of the Zimbabwe Construction & Allied Trades Workers Union which is the judgment creditor. Both the claimant and judgment creditor filed opposing papers to advance their respective claims.
The background to these proceedings is as follows. On 15 April 2013 the judgment creditor obtained a judgment in Case No. HC 6990/12 against Spurtmost Construction (Private) Limited for, inter alia, payment of a... More
On 12 February 2018, I heard this matter and delivered an ex tempore judgment. I have now been asked for the written reasons thereof and these are they. More
This is an interpleader application. The facts are that on 5 May 2017 twenty Judgment Creditors obtained judgment against a company called OTTLAC INVESTMENTS (PVT) LTD for a sum of US$37 500.00 together with interest at the rate of 5% per annum from the 6th of August 2014 to date of payment in full. Ottlac Investments (Pvt) Ltd was further ordered to pay costs of suit. Pursuant to obtaining the abovementioned order the Judgment Creditors instructed the Sheriff of Zimbabwe to attach and take into execution the Judgment Debtor’s movable property. During the course and scope of his duties the... More
