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
These are interpleader proceedings instituted by the Sheriff, the applicant herein, following objection to attachment of goods by N-Frasys (Private) Limited, the claimant herein. The goods were attached pursuant to a writ of execution issued at the instance of the Zimbabwe Construction & Allied Trades Workers Union which is the judgment creditor. Both the claimant and judgment creditor filed opposing papers to advance their respective claims.
The background to these proceedings is as follows. On 15 April 2013 the judgment creditor obtained a judgment in Case No. HC 6990/12 against Spurtmost Construction (Private) Limited for, inter alia, payment of a... More
