In the discharge of his duties as Sheriff the applicant placed under attachment certain items of property located at 162 The Chase, Mount Pleasant, Harare. This was in pursuance of a writ of execution issued by the judgment Creditor in HC 437/13 against Harare Kawasaki after he obtained judgment against that entity on 25 March 2013 in the sum of US$82 511-50. More
The Sheriff, in execution of a writ, in HC 814/15, attached property at Number 7 Case Road Bluffhill, Harare. The claimant made a claim in respect of the property attached by the Sherriff. The Sheriff thein instituted the present interpleader proceedings. After the Interpleader notice was served, the pleadings were filed in the following sequence.
- Judgment Creditors notice of opposition - 5 June 2015
- Claimant’s notice of opposition - 11 June 2015
- Judgment Creditors Heads of Argument - 24 June 2015
- Claimant’s Answering Affidavit to the Judgment Creditors Notice of Opposition - 8 July 2015
-... More
: In execution of the judgment in HH- 419-14 the applicant attached certain movables. The claimant having deposed to an affidavit in which he claimed ownership of some of the attached goods, the applicant issued an interpleader notice. More
The current application was enrolled before me on the unopposed roll. After I had heard the parties in their respective arguments, I delivered an ex tempore judgment in which I declared the immoveable property which had been attached in order to satisfy the judgment creditor’s claim against the judgment debtor, executable More
On 8 April 2016 and pursuant, to a writ of Execution against movable property issued out of this court, under case number HC 3964/15 in the matter between the judgment creditor and Mbada Diamonds (Pvt) Ltd (“Mbada Diamonds”). More
This is an interpleader application. The judgment creditor Willdale Limited, obtained judgment in case no HC 11096 on 25th of February 2015 in the sum of USD$74 700 against the judgment debtor, Freewin Investments (Pvt) Ltd. In the discharge of his duties as Sheriff the applicant placed the following property under attachment: More
On 16 July 2021, the Judgment Creditor obtained a judgment by consent under case number HC 1247/21 against the Judgment Debtor who happens to be a brother to the Claimant in this application. On the instructions of the Judgment Creditor pursuant thereto, the Applicant proceeded to attach a Toyota Wish M/V Registration Number AEV9163 which motor vehicle was at the material time in the possession of the Judgment Debtor. Consequent to that attachment, the Claimant informed the Applicant that he lays claim to the attached Motor vehicle leading to this application. More
The claimant instituted interpleader proceedings claiming ownership of an excavator which was attached by the applicant to satisfy a writ issued by the judgment creditors. More
This is an interpleader application brought in terms of Order 30 Rule 205 A of the High Court Rules, 1971. The subject matter of contestation being a 45 year old Mazda B 1600 pick-up truck Registration Number AAH 9248 (the motor vehicle). This motor vehicle was attached by the Sheriff pursuant to a judgment by this court in case No. HC 7513/17. In that case the judgment creditor obtained judgment against three co-defendants;Zimside Logistics (Private) Limited, Elliot Matanga and Charles Mathe for the payment of atotal sum of $39 582 for what is described in the court order as “loss... More
This is an interpleader application whereby the claimants claim ownership of property attached in execution by the applicant at the instance of the judgment creditor. More
The judgement creditor was employed by Amalgamated Motor Corporation (Pvt) Ltd. The employment came to an end in circumstances that led to a dispute between the parties. The judgement creditor obtained an arbitral award in the sum of USD 19 521.00. When the award remained unfulfilled on the 6th April 2016 the judgement creditor obtained judgement in case number HC 2082/16 against Amalgamated Motor Corporation (Pvt) Ltd registering the award as an order of this court for purposes of enforcement. A writ of execution against the judgment debtor’s property was issued on the 25th April 2016. More
This was an interpleader application in which Jethro Ndlovu obtained a judgment in case No. HC 9033 /17 against his former employer, the Zimbabwe Mining Development Corporation (ZMDC).The judgment was payment of a sum of $47 619.32 with interest at the rate of 5% per annum from date of summons to date of final payment. After efforts to attach property in fulfilment of the debt had yielded negative results, he had proceeded to attach property at Jena Mines (Private) Limited (Jena Mines) in fulfilment of that debt. His justification for so doing was that following the judgment, some payments towards... More
In pursuant of execution of an order granted by this court on the 2 May 2017 in favour of Interfin Banking Corporation Limited t/a Interfin the judgment creditor, the Sheriff of Zimbabwe attached Stand No. 6279 Ruwa Township of Dispute Estate measuring 992 square metres. The property is registered in the name of one of the judgment debtors namely Rodney Ndangariro Chiteme. One Lovemore Buwu has claimed that the attached immovable property does not belong to the judgment debtor but to him. This led the Sheriff, the applicant herein to institute these inter-pleader proceedings. More
Steward Bank Limited obtained a judgment for the sum of
US$ 237 064.40 against Peppy Motors (Pvt) Ltd. Pursuant to obtaining the judgment it sought to execute against that judgment and attached certain property at the address of service of the judgment debtor. The 1st claimant Salini Impregilo through its founding affidavit deposed to by Mr Steve Muza had laid claim to the property on the basis that “most of the property attached” did not belong to the judgment creditor but belonged to it. The first claimant also stated in its claim that led to these interpleader proceedings that in... More
