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
The applicant is the Sheriff of the High Court of Zimbabwe. The claimant and judgment creditor are Askeland Media & Advertising (Pvt) Ltd and Zimbabwe National Water Authority respectively.
On 11 June 2015 the judgment creditor obtainedjudgment against Saiss Incorporation (Pvt) Ltd for the payment of $38 133.99. Pursuant to the order, this court issued a writ of execution on 1 June 2015. The judgment debtor’s address is stated in the writ as Goromonzi District, Goromonzi. On 21 June 2017 the judgment creditor gave the following instruction to the applicant. More
The applicant is the Sheriff. Garikai Hebert Kuipa and Scanlink(Pvt) Ltd are the claimant and judgment creditor respectively. On 6 February 2015 this court issued a writ of execution against the movable property of Lexliner Logistics (Pvt) Ltd following judgment in case in HC 4989/14. Pursuant to the writ,on 5 August 2016, the applicant (the Sheriff) attached two buses registration numbers ADZ 4383 and ADC 0394 found in the judgment debtor’s possession at its garage. Bus, registration No, ADZ 4383, was quickly removed and sold in execution and no issues arose. More
The facts in this matter are largely common cause and they were clearly set out in the Claimant’s Heads of Argument. I will borrow heavily from those Heads of Argument.
The immovable property known as 14 Whitestone Way, Burnside, Bulawayo (hereinafter the property) was bonded to BankABC by the Judgment Debtor, David Joel Lasker, who is registered owner, as security for a debt owed by Archer Clothing Manufacturers (Private) Limited. BankABC called up the mortgage and instituted legal proceedings that resulted in the property being attached by the Sheriff of Zimbabwe.
On the 30th of June 2014, the Claimant, Gull... More
The applicant is the Sheriff for Zimbabwe. He brings this application in terms of Order 30 r 205A as read with r 207 of the High Court rules 1971. In terms thereof, the Sheriff who has attached property in execution of a writ issued by this court may approach the court for a determination of adverse claims where a claim(s) is made to the attached property by a party who is not the judgment debtor. More
On 21 June 2017 the judgment creditor obtained judgment against Rock Investments (Pvt) Ltd in Case No. HC3595/14. Pursuant to obtaining the above mentioned order, the Judgment Creditor instructed the applicant to attach and take into execution the judgment debtor’s movable property. More
The applicant filed an interpleader notice in terms of r 63(2), as read with r 63(5), of the High Court Rules, 2021. It relates to certain movable property attached by the applicant at Stand No. 125 Monavale, Harare.
The said attachment emanates from a Supreme Court order of 17 January 2020, Civil Appeal No. SC 339/19. The order was the outcome of an appeal noted by the judgment debtor, cited as JOHN MASHIRI T/A GWAI MILLERS, against the judgment creditor, cited as BROADWAY INVESTMENTS (PVT) LTD, as first respondent, with OWEN POTANI (the judgment creditor in casu) as the second... More
Pursuant to an order of this court HC 3762/15 in favour of the judgment creditor the applicant attached property including a paraffin tank, kipor generator and fuel contained in various tanks at 103 Willowvale Road, Southerton, Harare premises registered in Greensite the judgment debtor. The claimant lay claim to the attached property located at Greensite 103 Willowvale Road Southerton. More
Before me is an interpleader application.
The background of the matter is that the judgment creditor obtained judgment against one Roger Madangure under BULAWAYO HC 1404/17. Pursuant to the said judgment the applicant attached various items listed on the Notice of Seizure and attachment - Annexure “C”. Annexure “C” lists the following property: -
- A black water tank
- A Mercedes Benz vehicle AAP 4499
- An FG Wilson Generator
- Eng Byo Mill
- Ingersoll Rand Compressor
- Scrap
- Weights
- Osborn Tel Swith with fan belt
- Gems table
- Gems table of complete mill
-... More
On 12 October, 2017 I dismissed the claimant’s claim and declared the property attached in terms of a notice of seizure executable. The reasons for my disposition in dismissing the interpleader relief are captioned herein. More
On 20 November 2017 after hearing submissions in the above matter I dismissed the claimant’s claim with costs on the legal practitioner and client scale. Herein are the reasons for the aforesaid decision. More
This is an application by the applicant whereby the applicant seeks this Court’s determination on the ownership of the property that was attached in execution, in which the Claimant,Abigail Michelle Zituta, claimed that the property attached is her property and not the Judgment Debtors’. More
On the 5 November 2019 this Court issued an order in favour a Sakura Vuta Dewaterings (Pvt) Ltd (the Judgment Creditor) against Shatirwa Investments (Pvt) Ltd t/a Afmine (The Judgment Debtor).
It was ordered that the judgment debtor pays the judgment creditor a sum of US $ 37. 283.98 plus interest at the prescribed rate from date of summons to date of full payment and costs of suit on the attorney – client scale.
Pursuant to this order, a writ of execution against movable property was issued directing applicant to attach and take into execution judgment debtor’s movable goods at... More
