I heard this interpleader matter on 31 May, 2022. I delivered an ex tempore judgment in which I dismissed the claim of the claimant with costs. On 3 June, 2022 the claimant wrote requesting reasons for my decision. My reasons are these:
On 12 January, 2022 the judgment creditor obtained judgment against a legal entity which is known as Optimum Drilling (Pvt) Ltd, the judgment debtor. Following the order which had been entered in its favour under HC 6610/21, the judgment creditor instructed the applicant who is the Sheriff for Zimbabwe to attach and take into execution the movable goods... More
On 31 March 2021, under case No HC 4570/19 the judgment creditors obtained an order against one Felix Munyaradzi (judgment Debtor) in the sum of US$ 80 000-00 together with interest and costs. More
The background to this application is that the judgment creditor obtained judgment against five defendants jointly and severally the one paying the other to be absolved in case no. HC 11281/17 on 31 October 2019 per TSANGA J for payment of the sum of US$3 632 984.41. The five defendants in the order of the judgment listed first to fifth respectively were Chilruff Consultants (Private) Limited, Gift Madhlayo, Lucy Madhlayo, Nikkel Investments (Pvt) Ltd and Impala Properties (Private) Limited. Four immovable properties were declared specifically executable to satisfy the judgment debt. The properties are in the judgment order described as: More
On 22 November 2020 and under HC4087/20, the judgment creditor obtained default judgment against one Danford Munyaradzi Chavundura (“Danford”), a legal entity which is known as DMC Medicals (Private) Limited (“DMC”) and one Pedzai Sakupwanya. These are collectively referred to as the judgment debtor. More
On 25 April, 2022 the applicant who is the Sheriff for Zimbabwe attached and took into execution the movable goods of the judgment debtor against whom the judgment creditor obtained judgment under HC 6801/20. The goods were attached at the instance of the judgment creditor in whose favour the court entered judgment on 29 March, 2022. Among the goods which the Sheriff attached is an Isuzu, KB 300 double cab motor vehicle, white in colour, with registration number AEC 6139. More
On 16 July 2021, the Judgment Creditor obtained a judgment by consent under case number HC 1247/21 against the Judgment Debtor who happens to be a brother to the Claimant in this application. On the instructions of the Judgment Creditor pursuant thereto, the Applicant proceeded to attach a Toyota Wish M/V Registration Number AEV9163 which motor vehicle was at the material time in the possession of the Judgment Debtor. Consequent to that attachment, the Claimant informed the Applicant that he lays claim to the attached Motor vehicle leading to this application. More
The judgement creditor was employed by Amalgamated Motor Corporation (Pvt) Ltd. The employment came to an end in circumstances that led to a dispute between the parties. The judgement creditor obtained an arbitral award in the sum of USD 19 521.00. When the award remained unfulfilled on the 6th April 2016 the judgement creditor obtained judgement in case number HC 2082/16 against Amalgamated Motor Corporation (Pvt) Ltd registering the award as an order of this court for purposes of enforcement. A writ of execution against the judgment debtor’s property was issued on the 25th April 2016. More
