The applicant filed an interpleader notice in terms of Order 30A Rule 205A as read with Rule 207 of the High Court Rules, 1971 (the old rules), under HC 979/21. Audiomax 2010 (Pvt) Ltd t/a Audio Max Clinic is the claimant. Mike Mawoyo is the judgment creditor, while Wizear Trust is the judgment debtor. The judgment debtor was joined to these proceedings as the first respondent by an order of this court on 9 June 2021 under HC 2275/21.
At the hearing of the matter, counsel brought to my attention a separate record in a related matter of Wizear Trust... More
On 25 September 2018, in the matter between Viewsat Limited and Charles Takavengwa t/a CT Clive Network HC 7224/17 this Court issued an Order, ordering defendant to pay plaintiff $27171.30, 10% collection commission and costs on a legal practitioner and client scale. Pursuant to this Order, a writ of execution against movable property was issued directing the Sheriff (applicant) to take into execution movable goods of Charles Takawengwa t/a CT Live Ministries Deliverance Centre No 11 Chatter Road Harare. More
This is an interpleader application wherein I rendered an ex tempore judgment. I have now been requested for full reasons which appear hereunder.
On 28 March 2022 under HC 2084/21 an order was granted wherein the judgment creditor obtained an order against Nu Aero Private Limited t/a Fly Africa, (first defendant therein) and Cassidy Mugwagwa (2nd defendant therein) for payment of USD 300 000 or its Zimbabwean equivalent at the prevailing interbank rate as at date of payment. More
On the 5 November 2019 this Court issued an order in favour a Sakura Vuta Dewaterings (Pvt) Ltd (the Judgment Creditor) against Shatirwa Investments (Pvt) Ltd t/a Afmine (The Judgment Debtor).
It was ordered that the judgment debtor pays the judgment creditor a sum of US $ 37. 283.98 plus interest at the prescribed rate from date of summons to date of full payment and costs of suit on the attorney – client scale.
Pursuant to this order, a writ of execution against movable property was issued directing applicant to attach and take into execution judgment debtor’s movable goods at... 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 3 October 2019 at Munorwei Village, Chief Nyashanu, Buhera, all three accused who are siblings assaulted Kasirai Masawi using a log, catapult and stones all over the body leading to his death. They are now being charged with murder. More
This matter came before me for automatic review in terms of section 57(1) of the Magistrates Court Act [Chapter 7:01]. The three accused persons who were unrepresented faced assault charges as defined in section 89(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 31 January 2023 at a business Centre in Mrewa one, each or all of them unlawfully committed an act of assault upon Evidence Chiponda by grabbing him once on the neck, hitting him once on the face and stabbing him twice on the stomach with a broken beer bottle intending... More
