These interpleader proceedings were brought by the Sheriff in terms of the Rules. The Sheriff is an officer of this court whose duties include, inter alia, the execution of court orders. In line with his duties the Sheriff attached and took into execution the judgment debtors’ movable property in Case No. HC 11692/16. The judgment debtors are Mydale International (Pvt) Ltd and one Dr Rob Kelly. The Sheriff attached movable property part of which includes 2 motor vehicles and household furniture. The property was attached at No. 8 Shirely Road, Borrowdale Harare. According to the notice of seizure and attachment... More
By consent of the parties the two matters HC 1903/23 and HC 2935/23 were consolidated and were heard at the same time, mainly because the application under HC 2935/23 is an application for leave to file supplementary affidavit in case number HC 1903/23. The parties in the two applications are the same. More
These are interpleader proceedings instituted by the applicant on the instructions of the claimant K M Auctions Private Limited after the applicant had attached property that the claimant claims to be its property. This was pursuant to a judgment of this court which was entered for Anwel Matindike against Duffy Mitchel Property Investments Private Limited trading as K M Auctions in case No. 8669/13. The claimant, which is represented by Mr Ken Mubaiwa, produced proof of ownership of the property. More
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
