On 14 March 2017, after reading documents filed of record and hearing counsels I ordered that-:
1. The claimant’s claim to the immovable property known as a certain piece of land situate in the District of Salisbury measuring 5 121m2 called stand 693 Quinnington Township of Lot EA Quinnington, which was placed under attachment in execution of the order HC4560/10 be and is hereby granted.
2. The above property attached by the applicant is hereby declared not executable.
3. The judgment creditors are to pay the claimant and the applicant’s costs on an ordinary scale. More
On 25 September 2018, in the matter between Viewsat Limited and Charles Takavengwa t/a CT Clive Network HC 7224/17 this Court issued an Order, ordering defendant to pay plaintiff $27171.30, 10% collection commission and costs on a legal practitioner and client scale. Pursuant to this Order, a writ of execution against movable property was issued directing the Sheriff (applicant) to take into execution movable goods of Charles Takawengwa t/a CT Live Ministries Deliverance Centre No 11 Chatter Road Harare. More
On 22 March 2017 I partially dismissed Claimant’s claim to goods attached by the Sheriff of Zimbabwe in a bid to satisfy a debt due to the Judgment Creditor, Brighton Katerere. Reasons for the decision having been requested, I hereby furnish same as provided in my ex tempore judgment. The Judgment Creditor is a former employee of Claimant’s company Auto House (Pvt) Ltd. He got an award in a labour matter and registered same in this court against Auto House (Pvt) Ltd. In seeking execution, two tractors one water bowser and 20 disc roam harrows were attached. Claimant claims the... More
The background of the case is that on 7 August, 2006, Chinhoyi Municipality repossessed stand 5435 Industrial from H & K Electrical in terms of Annexure D which is on p 40 of the interpleader application. The Municipality said it would allocate the stand to serious developers. That stand was sold to Gumbo Auctions by Chinhoyi Municipality on 27 February, 2007 as revealed by Annexure C1 on p 15 of the application. On 9 June, 2008, the Municipality wrote to Dube, Manikai and Hwacha, requesting them to transfer stand number 5435 to Rosgett Investments (Pvt) Ltd. The explanation in the... More
The background to this application is that the judgment creditor obtained judgment against five defendants jointly and severally the one paying the other to be absolved in case no. HC 11281/17 on 31 October 2019 per TSANGA J for payment of the sum of US$3 632 984.41. The five defendants in the order of the judgment listed first to fifth respectively were Chilruff Consultants (Private) Limited, Gift Madhlayo, Lucy Madhlayo, Nikkel Investments (Pvt) Ltd and Impala Properties (Private) Limited. Four immovable properties were declared specifically executable to satisfy the judgment debt. The properties are in the judgment order described as: More
In a claim under interpleader proceedings, the claimant must prove, on a balance of probabilities, that he is the owner of the item which the Sheriff has attached. Proof of ownership of a car would, for instance, require the claimant to produce the car’s registration book with his name on it, the agreement which relates to the sale of the car to him by the seller, the insurance policy he took for the car and any other document which satisfies the court that he, indeed, is the unquestionable owner of the motor vehicle. A bare claim to the car and... More
This is an interpleader application wherein I rendered an ex tempore judgment. I have now been requested for full reasons which appear hereunder.
On 28 March 2022 under HC 2084/21 an order was granted wherein the judgment creditor obtained an order against Nu Aero Private Limited t/a Fly Africa, (first defendant therein) and Cassidy Mugwagwa (2nd defendant therein) for payment of USD 300 000 or its Zimbabwean equivalent at the prevailing interbank rate as at date of payment. More
On 22 November 2020 and under HC4087/20, the judgment creditor obtained default judgment against one Danford Munyaradzi Chavundura (“Danford”), a legal entity which is known as DMC Medicals (Private) Limited (“DMC”) and one Pedzai Sakupwanya. These are collectively referred to as the judgment debtor. More
On 24 August 2016 the judgment creditor obtained judgment against Tripple Play Communications (Pvt) Ltd for the payment of $21 564.85 plus interest plus costs of suit. More
This is an interpleader application.
On 9 October 2012, the following consent order was granted in favour of the judgment creditor ZB Bank Limited, wherein the judgment debtors were ordered to pay the sum of USD$80 845.64 plus interest at Plaintiff’s maximum overdraft lending from the 9th of October 2012 to date of payment. More
This is an interpleader application made in terms of Order 30 r 205A of the High Court Rules which provides that:
“1) Where any person alleges he holds any property or is under any liability in respect of which he is or expects to be sued by two or more persons making adverse claims in respect of the property or liability, he may deliver to the claimants a notice and an affidavit setting out the matters referred to in rules 207 and 208 respectively.” More
The present matter relates to interpleader proceedings instituted by the applicant on the instructions of the 1st and 2nd claimants in terms of Order 30 of the High Court Rules 1971, whereby the court is requested to determine the rightful owner of the property attached by the Applicant. More
This is an interpleader application.
The brief background of the matter is that the Judgement Creditor, Stanbic Bank Zimbabwe Limited, obtained a judgement in case number HC 4034/15 on 1 February 2016 against the Judgement Debtor, Blessing Mukoko. The Sheriff for Zimbabwe, who is the applicant in this matter, in the exercise of his duties, attached and sold the following immovable property:
a) A certain piece of land situate in the district of Salisbury called Lot 1 of Lot 6 of Lot A of Lot 22 of Greendale otherwise known as 5 Chantry Road Highlands, measuring 5882 square metres held... More
On 25 April, 2022 the applicant who is the Sheriff for Zimbabwe attached and took into execution the movable goods of the judgment debtor against whom the judgment creditor obtained judgment under HC 6801/20. The goods were attached at the instance of the judgment creditor in whose favour the court entered judgment on 29 March, 2022. Among the goods which the Sheriff attached is an Isuzu, KB 300 double cab motor vehicle, white in colour, with registration number AEC 6139. More
