These interpleader proceedings were brought by the Sheriff in terms of the Rules. The Sheriff is an officer of this court whose duties include, inter alia, the execution of court orders. In line with his duties the Sheriff attached and took into execution the judgment debtors’ movable property in Case No. HC 11692/16. The judgment debtors are Mydale International (Pvt) Ltd and one Dr Rob Kelly. The Sheriff attached movable property part of which includes 2 motor vehicles and household furniture. The property was attached at No. 8 Shirely Road, Borrowdale Harare. According to the notice of seizure and attachment... More
By consent of the parties the two matters HC 1903/23 and HC 2935/23 were consolidated and were heard at the same time, mainly because the application under HC 2935/23 is an application for leave to file supplementary affidavit in case number HC 1903/23. The parties in the two applications are the same. More
These are interpleader proceedings instituted by the applicant on the instructions of the claimant K M Auctions Private Limited after the applicant had attached property that the claimant claims to be its property. This was pursuant to a judgment of this court which was entered for Anwel Matindike against Duffy Mitchel Property Investments Private Limited trading as K M Auctions in case No. 8669/13. The claimant, which is represented by Mr Ken Mubaiwa, produced proof of ownership of the property. More
These were interpleader proceedings in which following a judgment in favour of judgment creditor Albert Mabika, the claimant laid claim to a cotton ginnery plant which had been attached by the applicant. The judgment creditor and the claimant’s claims being adverse and mutually exclusive, the Sheriff, as he was bound to do, filed an Interpleader Notice with the High Court in terms of Order 30 of the High Court Rules, 1971. More
The applicant has claimed certain movable property attached in execution. The execution is pursuant to the judgment of this court in case no. HC 6637/16 wherein the judgment creditor obtained judgment against Bernstein Manufacturing for the payment of
$219 612.35 plus interest and costs. More
These are interpleader proceedings instituted by the Sheriff, the applicant herein, following objection to attachment of goods by N-Frasys (Private) Limited, the claimant herein. The goods were attached pursuant to a writ of execution issued at the instance of the Zimbabwe Construction & Allied Trades Workers Union which is the judgment creditor. Both the claimant and judgment creditor filed opposing papers to advance their respective claims.
The background to these proceedings is as follows. On 15 April 2013 the judgment creditor obtained a judgment in Case No. HC 6990/12 against Spurtmost Construction (Private) Limited for, inter alia, payment of a... More
On 12 February 2018, I heard this matter and delivered an ex tempore judgment. I have now been asked for the written reasons thereof and these are they. More
This is an interpleader application. The facts are that on 5 May 2017 twenty Judgment Creditors obtained judgment against a company called OTTLAC INVESTMENTS (PVT) LTD for a sum of US$37 500.00 together with interest at the rate of 5% per annum from the 6th of August 2014 to date of payment in full. Ottlac Investments (Pvt) Ltd was further ordered to pay costs of suit. Pursuant to obtaining the abovementioned order the Judgment Creditors instructed the Sheriff of Zimbabwe to attach and take into execution the Judgment Debtor’s movable property. During the course and scope of his duties the... More
On the 30th of June 2016, the judgment creditor, Tapiwa Nelson Magwizi, obtained a default judgment in his favour against Brandhope Enterprises Private Limited t/a Brandhope Logistics. The judgment debtor, Brandhope, was ordered to deliver an IVECO 7, 8 tonne truck within 7 days from the date of judgment or alternatively pay a refund in the sum of US$13 000, being the purchase price paid. More
Interpleader proceedings are interlocutory in nature. They deal with competing claims of the judgment creditor and the claimant who, in terms of the relevant rule of court, lays claim to property or goods which the Sheriff for Zimbabwe attaches at the instance of the judgment creditor in whose favour a judgment has been entered by the court. By virtue of the claim which he lays to the property, the claimant bears the onus of proof. He should prove, on a preponderance of probabilities, that he is the owner of the property which the Sheriff has attached. Where he is able... More
On 27 August 2024 I issued an order in terms of which I dismissed a claim for a 25-tonne LP gas storage tank (“the tank”) and an LP gas platform instituted by the claimant, Rumread Trading (Pvt) Ltd against Estrimanzi Proprietary Ltd, the judgment creditor. These are the written reasons for my decision. More
These are interpleader proceedings.
Claimant moves me to find that she is the owner of various items of movable property attached in execution on August 29th 2018. More
On 12 July 2017 this court issued a writ of execution against the movable property of DTZ EZOGEO (Pvt) Ltd pursuant to a judgment obtained against it in case No. HC 3162/17. Notwithstanding the addressfor execution being stated in the writ of execution as 14168 Griffin Road, Gun Hill Harare, the judgement creditor directed the applicant(sheriff) to 29 Windmill Lane Quinnington, Harare being the judgment debtor’s new place of business. On 25 August 2017 the applicant proceeded to 29 Windmill Lane Quinnington, Harare where he placed seven vehicles described below under judicial attachment More
Accused 2, Richard Makuchete [“the accused], aged 25 years at the time, was one of three brothers arrested for the murder of their cousin, Zvinowanda Zvinowanda [“Deceased”]. The murder happened in rural Masvingo under Chief Chikwanda. By the time of trial only the accused was available. More
