On 25 September 2018, in the matter between Viewsat Limited and Charles Takavengwa t/a CT Clive Network HC 7224/17 this Court issued an Order, ordering defendant to pay plaintiff $27171.30, 10% collection commission and costs on a legal practitioner and client scale. Pursuant to this Order, a writ of execution against movable property was issued directing the Sheriff (applicant) to take into execution movable goods of Charles Takawengwa t/a CT Live Ministries Deliverance Centre No 11 Chatter Road Harare. More
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
