The above matter was an inter pleader application. It enrolled the unopposed motion roll on and dealt with in default of appearance by the claimant and the judgment creditor. Only the applicant’s counsel was in attendance. The application was granted by way of default judgment dated 10 May 2024. More
In the discharge of his duties as Sheriff the applicant placed under attachment certain items of property located at 162 The Chase, Mount Pleasant, Harare. This was in pursuance of a writ of execution issued by the judgment Creditor in HC 437/13 against Harare Kawasaki after he obtained judgment against that entity on 25 March 2013 in the sum of US$82 511-50. More
The Sheriff, in execution of a writ, in HC 814/15, attached property at Number 7 Case Road Bluffhill, Harare. The claimant made a claim in respect of the property attached by the Sherriff. The Sheriff thein instituted the present interpleader proceedings. After the Interpleader notice was served, the pleadings were filed in the following sequence.
- Judgment Creditors notice of opposition - 5 June 2015
- Claimant’s notice of opposition - 11 June 2015
- Judgment Creditors Heads of Argument - 24 June 2015
- Claimant’s Answering Affidavit to the Judgment Creditors Notice of Opposition - 8 July 2015
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: In execution of the judgment in HH- 419-14 the applicant attached certain movables. The claimant having deposed to an affidavit in which he claimed ownership of some of the attached goods, the applicant issued an interpleader notice. More
The current application was enrolled before me on the unopposed roll. After I had heard the parties in their respective arguments, I delivered an ex tempore judgment in which I declared the immoveable property which had been attached in order to satisfy the judgment creditor’s claim against the judgment debtor, executable More