This is an application for an interpleader process. The applicant in pursuant to a writ of execution issued by this court in case number HC 1953/12 attached and removed ten beasts from the judgment debtor’s premises. Thereafter the applicant received an affidavit from one Memory Kuhlengisa a representative of the claimant claiming ownership of such ten beasts. In her affidavit the said Memory Kuhlengisa claimed that the beasts were owned by the claimant and not by the judgment debtor. That led to applicant making this application. More
On 16 September 2010 the Honourable C Mesikano issued an arbitral award in favour of Christopher William Barnsley, herein referred to as the judgment creditor. The award was for payment of a total sum of $61 879-00. The respondent in the dispute was Harambe Holdings (Pvt) Ltd. Pursuant to that award, the judgment creditor applied to this court for the registration of the award in accordance with the provisions of s 98 (14) of the Labour Act [Cap28:01.] This court then issued an order under case No. HC 6651/11 and registered the award as an order of court. Pursuant thereto... More
: These are interpleader proceedings brought by the applicant, the Deputy Sheriff of Harare, in terms of Order 30 r 205 of the High Court Rules, 1971. More
: The dispute in casufound its way to court by way of interpleader. Here are the facts: the judgment creditor (Electrical & Pulley) obtained a judgment in its favour in case No HC 4786/06 against Shamu Trading and Investment (Private) Limited, William Oliver Shamu, George Leonard Shamu and Cephas Leonard Shamu. Also common cause is that the claimant (Shamu Pen Tip) was not a party to the said judgment. Electrical & Pulley issued out a writ of execution in HC 4786/06 against the debtors therein. In executing that writ, the Deputy Sheriff attached certain piece of land in the district... More
In the execution of his duties in pursuance of a writ of execution issued out of this court, the applicant placed under attachment certain items of property. This was in the matter involving Hope Tembo and Morayford Investments (Pvt) (Ltd) and ArtherMutasa HC 8415/2011. More
The need for the legal profession to reclaim and assert its position as a profession which was matched only by consecrated priesthood requires continuing introspection and thorough training on ethical standards. I have been constrained to write a judgment in this matter in a request for a postponement because of the circumstances of the case. Having heard the parties, I made an order which appears below, and indicated that my written reasons would follow. These are the reasons. More
In pursuance to a writ of execution granted by this court in case number HC 12338/11, the applicant on 16 May 2012 attached and removed the following assets from respondent’s premises; More
The papers before me show that the claimant was served with the court application and in terms of the rules, if it was desirous to oppose the matter, it should have filed opposing papers. It did not. More
The judgment creditor obtained judgment against Webster Ngwaru and Confuels (Pvt) Ltd in Case No. HC 2122/10 on 1 December 2010 in the sum of US$364 434 together with interest and costs of suit. More
This matter came before me by way of an interpleader notice issued by the Deputy Sheriff of Harare in terms of Order 30 of the High Court Rules 1971. In his notice, the Deputy Sheriff advised that on 12 April 2006, he attached the sum of $694 803 288-36 (old currency) in account No. 0830137660107, in the name of Safety Shield (Private) Limited, held with the third claimant. The attachment was at the instance of the second claimant who holds a judgment of this court against the directors of Safety Shield (Private) Limited. After the attachment, the first claimant filed... More
The applicant herein presently holds certain equipment attached by him pursuant to execution of judgment in Barnsley v Harambe Holdings HC 6651/10. The judgment creditor obtained an arbitral award in September 2010 for the payment by Harambe Holdings of arrear salary amounting to US$61,879. After the registration of the award with this Court, the notice of seizure and attachment of the equipment in question was issued in October 2010.
The claimant is a wholly owned subsidiary of Harambe Holdings. However, it asserts that the seized property belongs to it and not to Harambe Holdings. The judgment creditor disputes this on... More
The plaintiff company (“lessor”) filed summons out of this court on 14 June 2006 seeking the eviction of the defendants (“lessee”), who are husband and wife, from subdivision D of Derbyshire Farm (“the farm”), holding over damages from the date of summons to the date of eviction and costs of suit. The defendants filed their plea and counterclaim on 12 December 2006. In the plea they sought the dismissal of the plaintiff’s claim with costs. In the counterclaim they sought an order of specific performance on payment of $400 000.00 (revalued) plus interest thereon at the prescribed rate from 29... More
The applicant was convicted of murder as defined in s 47 (1) (a) of (b) of the Criminal Code on 20 September 2019 and sentenced to 18 years imprisonment.
He has now filed an application for leave to appeal in terms of r 262 of the High Court Rules, 1971. In his papers the applicant states that “he has good grounds of appeal which are supported by the record of proceedings” he goes on to mention under “Grounds for leave” that he was sentenced for a crime he did not commit, that he was wrongly convicted, and also added that... More
This matter was placed before me by the Registrar as a chamber application. After perusing the papers I issued the following order:
“1. The application for condonation of late noting of an application for review is thereby dismissed.
2. The application is riddled with lies and has no prospects of success.” More
This is an application for bail pending trial. Applicant is being charged with two counts of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. In count one it being alleged that on the 15th March 2021,at about 1520 hours the applicant in the company of his accomplices went to number 5 Coleridge Road, Malindela, Bulawayo armed with a firearm, handcuffs and a knife. Upon arrival the applicant and his accomplices kidnapped two children who were playing outside the yard and dumped them at Ascot shopping centre, Bulawayo. They returned to the house... More
