TSANGA J: On the 26th of October 2018, I dismissed the claimant’s claim in an interpleader application with costs on an ordinary scale having heard the matter on merits. I gave oral reasons for so doing. These have been requested in writing and these are they. More
On 24 June, 2016, the applicant attached movable property in execution of a writ in the case of Israel Nyandoro v George Ngonidzashe and FuturePetroleum (Pvt) Ltd HC 4711/10. The property attached was listed as follows:
(a) 2 x Generators
(b) 1 x gas stove and two cylinders
(c) 1 x Defy fridge
(d) 1 x Microwave
(e) 1 x leather sofa set
(f) 1 x Sony TV
(g) 1 x coffee table
(g) 1 x Brow leather sofa
(i) 1 x sharp TV
(j) 1 x coffee table
(k) 2 x centre rugs
(l) 1 x black couch More
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
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
