The facts in this matter are largely common cause and they were clearly set out in the Claimant’s Heads of Argument. I will borrow heavily from those Heads of Argument.
The immovable property known as 14 Whitestone Way, Burnside, Bulawayo (hereinafter the property) was bonded to BankABC by the Judgment Debtor, David Joel Lasker, who is registered owner, as security for a debt owed by Archer Clothing Manufacturers (Private) Limited. BankABC called up the mortgage and instituted legal proceedings that resulted in the property being attached by the Sheriff of Zimbabwe.
On the 30th of June 2014, the Claimant, Gull... More
The applicant is the Sheriff for Zimbabwe. He brings this application in terms of Order 30 r 205A as read with r 207 of the High Court rules 1971. In terms thereof, the Sheriff who has attached property in execution of a writ issued by this court may approach the court for a determination of adverse claims where a claim(s) is made to the attached property by a party who is not the judgment debtor. More
On 21 June 2017 the judgment creditor obtained judgment against Rock Investments (Pvt) Ltd in Case No. HC3595/14. Pursuant to obtaining the above mentioned order, the Judgment Creditor instructed the applicant to attach and take into execution the judgment debtor’s movable property. More
The applicant filed an interpleader notice in terms of r 63(2), as read with r 63(5), of the High Court Rules, 2021. It relates to certain movable property attached by the applicant at Stand No. 125 Monavale, Harare.
The said attachment emanates from a Supreme Court order of 17 January 2020, Civil Appeal No. SC 339/19. The order was the outcome of an appeal noted by the judgment debtor, cited as JOHN MASHIRI T/A GWAI MILLERS, against the judgment creditor, cited as BROADWAY INVESTMENTS (PVT) LTD, as first respondent, with OWEN POTANI (the judgment creditor in casu) as the second... More
Pursuant to an order of this court HC 3762/15 in favour of the judgment creditor the applicant attached property including a paraffin tank, kipor generator and fuel contained in various tanks at 103 Willowvale Road, Southerton, Harare premises registered in Greensite the judgment debtor. The claimant lay claim to the attached property located at Greensite 103 Willowvale Road Southerton. More
