This is an application for an interpleader. The judgment creditor Willdale Limited t/a Willdale, obtained judgment in case no HC 11096/14 on 25th of February 2015 against Freewin Investments (Pvt) Ltd, the judgement debtor. The Sheriff of High Court who is the applicant in this matter, in the exercise of his functions, attached the following immovable property: More
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 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
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.
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
