This was an interpleader. I dismissed the claimant’s claim at the end of argument. The facts were these. The applicant had placed certain goods under attachment in execution of a judgment obtained by the judgment creditor against the judgment debtor which was still outstanding. The claimant claimed that all the attached goods belonged to him, not the judgment debtor. More
On 23 March, 2015 the judgment creditor which sued Eleco Elevator Company (Pvt) Ltd, the judgment debtor, obtained a consent order against the latter. The consent order was for the sum of $44 111.32, interest on the stated sum at the prescribed rate reckoned from 30 May 2013 to the date of full payment and costs of suit in the sum of $1 700 which the judgment debtor was enjoined to pay on or before 10 April, 2015. More
I reserved judgment after hearing argument in this application on 17 August, 2017. There has been a delay in the delivery of judgment owing to the fact that I am assigned to the Criminal Division. This and other applications were allocated to judges by the Judge President irrespective of whatever Division they were assigned to as a measure to mitigate the large backlog of civil applications pending in this court. Judges had to find a way of accommodating the extra work without compromising their usual court rolls. I heard this matter at 9.00 am before retiring to chambers to change... More
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
The applicant filed an interpleader notice in terms of Order 30A Rule 205A as read with Rule 207 of the High Court Rules, 1971 (the old rules), under HC 979/21. Audiomax 2010 (Pvt) Ltd t/a Audio Max Clinic is the claimant. Mike Mawoyo is the judgment creditor, while Wizear Trust is the judgment debtor. The judgment debtor was joined to these proceedings as the first respondent by an order of this court on 9 June 2021 under HC 2275/21.
At the hearing of the matter, counsel brought to my attention a separate record in a related matter of Wizear Trust... More
This is an application for an interpleader. When the matter was calledMissChikwambafor the applicant moved the court to determine the application on the papers. She indicated that the claimants and judgment creditor’s counsel who were not present had agreed on such a course.I proceed to do so. More
: On 20 April, 2016, the three judgment creditors registered an arbitral award given Mr Dangarembizi on 18 February, 2016 for $3 405.36, as an order of the court in HC 2709/16.
Respondent was Gramma records.
It was in default.
On 29 April, 2016, the judgment creditors obtained a writ of execution against Gramma Records.
On 19 August, 2016, the Sheriff for Zimbabwe attached the following property:
1. Control 24 Digidesign Focus rite – Recording desk,
2. Samsun Desktops x 2, Logix Desk x2,…
3. Desk top x1
4. Korg keyboard x2
5. Guitas x5
6. Microphones x2
7. Fostex... More
Under case number HC 3895/15 the judgment creditors obtained judgment against Tritravel Services (Pvt) Ltd and Editha (Pvt) Ltd, the first and second judgment debtors respectively, in the sum of US$89 500.00. A warrant of execution was issued instructing the Sheriff to attach and take into execution the judgment debtor’s immovable property described as Lot 1 of Subdivision G of Subdivision D of Ntaba of Glen Lorne Township, Harare. The notice of seizure and attachment is dated 9 June 2016. More
On 31 March 2021, under case No HC 4570/19 the judgment creditors obtained an order against one Felix Munyaradzi (judgment Debtor) in the sum of US$ 80 000-00 together with interest and costs. More
This is an application for an interpleader. The judgment creditor Willdale Limited t/a Willdale, obtained judgment in case no HC 11096/14 on 25th of February 2015 against Freewin Investments (Pvt) Ltd, the judgement debtor. The Sheriff of High Court who is the applicant in this matter, in the exercise of his functions, attached the following immovable property: More
This is an interpleader application wherein the claimant, Cash and Carry Zimbabwe (Pvt) Ltd) lays claim to three motor vehicles, namely JMC Truck Registration No. ACJ7897, Toyota Estima Registration No. ADM6190 and Toyota Fielder Registration No. ADM6819 which were attached to satisfy a debt owed by the judgment debtor, Compty Electronix Ribbon World (Pvt) Ltd, to the judgment creditor, Dunmore Nenhowe. More
