These are interpleader proceedings instituted by the claimant in terms of Order 30 of the High Court Rules 1971 (The Rules) whereby the court is requested to determine competing rights of the parties. More
I heard this interpleader matter on 31 May, 2022. I delivered an ex tempore judgment in which I dismissed the claim of the claimant with costs. On 3 June, 2022 the claimant wrote requesting reasons for my decision. My reasons are these:
On 12 January, 2022 the judgment creditor obtained judgment against a legal entity which is known as Optimum Drilling (Pvt) Ltd, the judgment debtor. Following the order which had been entered in its favour under HC 6610/21, the judgment creditor instructed the applicant who is the Sheriff for Zimbabwe to attach and take into execution the movable goods... More
The applicant filed an interpleader notice in terms of Order 30A Rule 205A as read with Rule 207 of the High Court Rules, 1971 (the old rules), under HC 979/21. Audiomax 2010 (Pvt) Ltd t/a Audio Max Clinic is the claimant. Mike Mawoyo is the judgment creditor, while Wizear Trust is the judgment debtor. The judgment debtor was joined to these proceedings as the first respondent by an order of this court on 9 June 2021 under HC 2275/21.
At the hearing of the matter, counsel brought to my attention a separate record in a related matter of Wizear Trust... More
This is an application for an interpleader. When the matter was calledMissChikwambafor the applicant moved the court to determine the application on the papers. She indicated that the claimants and judgment creditor’s counsel who were not present had agreed on such a course.I proceed to do so. More
: On 20 April, 2016, the three judgment creditors registered an arbitral award given Mr Dangarembizi on 18 February, 2016 for $3 405.36, as an order of the court in HC 2709/16.
Respondent was Gramma records.
It was in default.
On 29 April, 2016, the judgment creditors obtained a writ of execution against Gramma Records.
On 19 August, 2016, the Sheriff for Zimbabwe attached the following property:
1. Control 24 Digidesign Focus rite – Recording desk,
2. Samsun Desktops x 2, Logix Desk x2,…
3. Desk top x1
4. Korg keyboard x2
5. Guitas x5
6. Microphones x2
7. Fostex... More
