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
The accused is appearing before this court charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act Chapter 9:23. It being alleged that on 8 November 2020 the accused unlawfully caused the death of Takunda John Murahwa (deceased) by striking him several times all over the body with switches, intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The accused, Mr Fredy Tsanangura, is appearing before this court charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act Chapter 9:23 (Criminal Code). It being alleged that on 8 April 2019 the accused unlawfully caused the death of Elphas Tsanangura (deceased) by manual strangulation intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
