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
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
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
