The above matter was an inter pleader application. It enrolled the unopposed motion roll on and dealt with in default of appearance by the claimant and the judgment creditor. Only the applicant’s counsel was in attendance. The application was granted by way of default judgment dated 10 May 2024. More
These are interpleader proceedings in which the property attached by the judgment creditor to satisfy a debt owed by the judgment debtor was claimed by the claimant.
The background facts are these: The judgment creditor obtained judgment under HC HC 4154/21 wherein a provisional order declaring the judgment creditor the legitimate holder of a tribute agreement in respect of several mining claims was confirmed. Costs were awarded on attorney-client scale. It is these costs which the judgment creditor sought to recover when the property in issue was attached. The property comprises of a motor vehicle, a Chevrolet Trail Blazer whose... More
Following the judgment which it obtained on 13 November, 2023 under HC 539/23, Forltune Investments (Pvt) Ltd, the Judgment Creditor, attached and took into execution the property which allegedly belongs to Homelife Furniture And Electrical Appliances and another, the Judgment Debtor. The attached goods constitute the cause of action for Blue Line Electrical Appliances, the Claimant in casu. It alleges that the goods which the Sheriff attached belong to it. More
By consent of the parties the two matters HC 1903/23 and HC 2935/23 were consolidated and were heard at the same time, mainly because the application under HC 2935/23 is an application for leave to file supplementary affidavit in case number HC 1903/23. The parties in the two applications are the same. More
On 27 August 2024 I issued an order in terms of which I dismissed a claim for a 25-tonne LP gas storage tank (“the tank”) and an LP gas platform instituted by the claimant, Rumread Trading (Pvt) Ltd against Estrimanzi Proprietary Ltd, the judgment creditor. These are the written reasons for my decision. More
This matter was dealt with on 7 June 2023 and the accused was released on a warrant of liberation on the 23 June 2023 on the basis of a review minute that I prepared. However given the facts of the matter I felt compelled to write this judgment despite the passage of time. More
