On the 30th of June 2016, the judgment creditor, Tapiwa Nelson Magwizi, obtained a default judgment in his favour against Brandhope Enterprises Private Limited t/a Brandhope Logistics. The judgment debtor, Brandhope, was ordered to deliver an IVECO 7, 8 tonne truck within 7 days from the date of judgment or alternatively pay a refund in the sum of US$13 000, being the purchase price paid. More
Interpleader proceedings are interlocutory in nature. They deal with competing claims of the judgment creditor and the claimant who, in terms of the relevant rule of court, lays claim to property or goods which the Sheriff for Zimbabwe attaches at the instance of the judgment creditor in whose favour a judgment has been entered by the court. By virtue of the claim which he lays to the property, the claimant bears the onus of proof. He should prove, on a preponderance of probabilities, that he is the owner of the property which the Sheriff has attached. Where he is able... More
On 27 August 2024 I issued an order in terms of which I dismissed a claim for a 25-tonne LP gas storage tank (“the tank”) and an LP gas platform instituted by the claimant, Rumread Trading (Pvt) Ltd against Estrimanzi Proprietary Ltd, the judgment creditor. These are the written reasons for my decision. More
These are interpleader proceedings.
Claimant moves me to find that she is the owner of various items of movable property attached in execution on August 29th 2018. More
