The above matter was an inter pleader application. It enrolled the unopposed motion roll on and dealt with in default of appearance by the claimant and the judgment creditor. Only the applicant’s counsel was in attendance. The application was granted by way of default judgment dated 10 May 2024. More
These are interpleader proceedings in which the property attached by the judgment creditor to satisfy a debt owed by the judgment debtor was claimed by the claimant.
The background facts are these: The judgment creditor obtained judgment under HC HC 4154/21 wherein a provisional order declaring the judgment creditor the legitimate holder of a tribute agreement in respect of several mining claims was confirmed. Costs were awarded on attorney-client scale. It is these costs which the judgment creditor sought to recover when the property in issue was attached. The property comprises of a motor vehicle, a Chevrolet Trail Blazer whose... More
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
Following the judgment which it obtained on 13 November, 2023 under HC 539/23, Forltune Investments (Pvt) Ltd, the Judgment Creditor, attached and took into execution the property which allegedly belongs to Homelife Furniture And Electrical Appliances and another, the Judgment Debtor. The attached goods constitute the cause of action for Blue Line Electrical Appliances, the Claimant in casu. It alleges that the goods which the Sheriff attached belong to it. 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