TAKUVA J: This is an interpleader application filed by the applicant in terms of Order 30 rule 205A as read with rule 207 of the High Court Rules, 1971.
FACTS
The judgment creditor obtained judgment in case No. HC 10259/19 (High Court Harare). Pursuant to that judgment, it instructed applicant to attach certain property that appears in Annexture A which is the Writ of Execution. The property so attached is being claimed by claimant. The claim is opposed by the Judgment creditor. More
The judgment creditor, Windward Capital (Pvt) Ltd obtained judgment in case number HC 12979/16 against Adrian Paul Hoyland Read (the judgment debtor). In terms of the judgment provisional sentence was granted against the judgment debtor who was ordered to pay the sum of US$61 7 661,03 together with interest at the rate of 9% per annum and costs of suit. Pursuant to the grant of this order, the judgment creditor caused a writ to be issued in respect of a piece of land situate in the District of Wankie called stand 598 Victoria Falls Township (the property), held by Senanga... More
These interpleader proceedings stem from an attachment of mining equipment carried out by the applicant at Mbada Diamonds (Pvt) Ltd, [hereinafter referred to as Mbada] in Chiadzwa, Mutare. More
Pursuant to the notice of attachment of immovable property under HCH 184/23 with the reference of the Sheriff SSH 25/23 and upon being advised of the notice and its contents, claimant informed The Sheriff of her interest and rights over the shares in the immovable property through an affidavit. More
On 31 January, 2023, I delivered the order dismissing the claim for Caterpillar D6H Grader (hereinafter called “the Grader”) instituted by the Claimant namely Franklin and Sons (Private) Limited (hereinafter called the “the Claimant”) against the Judgment Creditor namely Saunyama Transport (Private) Limited, (hereinafter called “the Judgment Creditor”. The claimant subsequently requested for the reasons of the Order. This judgment, therefore, is meant to supply the reasons for the order of 31 January 2023. More
The matter was placed before me as appeal against an arbitral award handed down on 22nd of June, 2012. When the parties appeared before me on 27 March 2013 the parties agreed to postpone the mattersine die in order for Respondent to file Supplementary Heads of Argument based on the application by Appellant to amend her notice of appeal. More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for in terms of section 92 D of the Labour Act Chapter 28:01. More
The plaintiffs’ claim is for damages suffered due to the destruction of their house by fire. The first plaintiff is the owner of No 10, 73rd Avenue Haig Park, Mabelreign, and (the house). The second and third plaintiffs were tenants in the house. The defendant is the authority responsible for the supply and maintenance of electrical power in the country. The plaintiff’s house was connected to the defendant’s electricity transmission at the time of the fire. More
This is an application for rescission of judgment brought by the first applicant and the second applicant. The first applicant is a duly registered company and the second applicant is the majority shareholder of the first applicant and its managing director. More
This is a court application for review of the decision made by the Provincial Magistrate Ms N Marufu, the fourth respondent, sitting at Magistrates Court (Civil) at Harare on 24 October 2023. In terms of that decision the court a quo dismissed the applicant, Shinedrive Auto Services (Pvt) Ltd.’s court application for amendment of summons. More
This is an appeal against the ruling by the Appeals Committee dismissing Appelklant from employment. The appeal was devoid of merit and I dismissed the Appeal on the day of hearing indicating reasons would follow. More
