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
