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Judicial Eviction, Attachment and Order re: Approach and Alienation or Disposal of Property Under Judicial Attachment

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SC50-16 : ZIMBABWE MINING COMPANY (PRIVATE) LIMITED vs OUTSOURCE SECURITY (PRIVATE) LIMITED and DEPUTY SHERIFF, GWANDA and WILLEM SMIT and S. DHLIWAYO and A.P. GLEDENING
Ruled By: MALABA DCJ, UCHENA JA and BERE AJA

Section 20 of the High Court Act [Chapter 7:06], which authorises the Sheriff and his subordinates to enforce court orders provides as follows: “(1) Subject to section nineteen and to Rules of Court, the Sheriff shall, by himself or his Deputy or an Assistant Deputy, execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, ...
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HH17-15 : THE SHERIFF OF HIGH COURT vs FBC BUILDING SOCIETY and WAYMARK INVESTMENTS (PVT) LTD and KREAMORN INVESTMENTS (PVT) LTD
Ruled By: NDEWERE J

The case of Mavhundise v UDC Ltd Ors 2001 (2) ZLR…, confirmed that the rights and interests in land can be lawfully sold in execution.
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HB111-16 : KURONDA SAFARIS (PVT) LTD vs AMANDA WATSON and THE SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

I agree with counsel for the first respondent that if the applicant wanted the release of goods under attachment it had to proceed in terms of Rule 336 and provide security.
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HH517-18 : MEIKLES LIMITED vs WIDEFREE INVESTMENTS PL t/a CORE SOLUTIONS and SHERIFF OF ZIMBABWE and STANBIC BANK LIMITED and REGISTRAR OF COMPANIES
Ruled By: ZHOU J

This is an urgent chamber application in which the applicant seeks interim relief to the effect that the seizure and attachment of its Bank account number 9140000213879 held with the third respondent Bank at its Parklane Branch be suspended and that the seizure and attachment of the applicant's shares, effected on 29 August 2018, be suspended. The applicant ...
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HH27-18 : SAMSON MEKI vs AIR ZIMBABWE (PVT) LTD and AIR ZIMBABWE HOLDINGS (PVT) LTD and COMMERCIAL BANK OF ZIMBABWE LTD
Ruled By: HUNGWE J

The applicant seeks the grant of an order in the following terms: “1. That on service of this order upon the second respondent, the said second respondent cause to be paid out of its account with the third respondent such a sum as will satisfy the judgment issued out of this Honourable Court in cases number ...
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HH128-15 : KUKURA KURERWA BUS COMPANY (PVT) LTD vs JAPHET LUNGA and 55 OTHERS and ADDITIONAL SHERIFF
Ruled By: MANGOTA J

Rule 326A of the High Court rules reads, in part, as follows:- “The Sheriff or his deputy shall not – (a)…,.; or (b) Remove any goods from a judgment debtor's premises following their attachment in terms of Rule 335; Unless he has delivered to the debtor a notice, in Form 41A, giving him not less than forty-eight hours' notice of the proposed…, or ...
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SC25-14 : DAVID GOVERE vs ORDECO (PRIVATE) LIMITED and REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and PATEL JA

EXECUTABILITY OF IMMOVABLESAs I have already indicated, the court a quo granted an order entitling the first respondent to execute the order for payment in the sum of US$112,000= against the appellant's immovable properties, in the event that he failed to pay that sum.Counsel for the appellant argues that an ...
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HH720-14 : PANDHARI LODGE (PVT) LTD and SUNDAY CHIFAMBA and SWISIDAYI NYAMUFUKUDZA vs CENTRAL AFRICA BUILDING SOCIETY and DEPUTY SHERIFF
Ruled By: MANGOTA J

Rule 351, which relates to valuation of property which is due for attachments is not peremptory but discretionary. The rule confers on the second respondent a discretion to, for purposes of equity and fairness, appoint a fit and proper person who has no interest on either side of the divide to place a value on the property. ...
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Appealed
SC14-19 : JUDITH ISHEMUNYORO (NEE MANDIDEWA) vs ANTHONY ISHEMUNYORO and TYNSERVE DISTRIBUTORS (PVT) LTD and THE REGISTRAR OF DEEDS and THE SHERIFF FOR ZIMBABWE
Ruled By: GWAUNZA JA, HLATSHWAYO JA and ZIYAMBI AJA

Whether or not a share in a matrimonial home jointly owned by spouses can be attached and sold in execution of a judgment entered against one of the spouses A reading of the papers on record shows that nowhere in her founding papers was the allegation made by the appellant that the second respondent had unilaterally pledged ...
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HH348-17 : JUDITH ISHEMUNYORO (nee MANDIDEWA) vs ANTONY ISHEMUNYORO and TYNSERVE DISTRIBUTORS (PVT) LTD and THE REGISTRAR OF DEEDS and THE SHERIFF FOR ZIMBABWE
Ruled By: MUNANGATI-MANONGWA J

It is time that the legislature listens to the outcry that has resulted from the disposal of family homes by either spouse encumbering or selling a matrimonial home without the knowledge of the other leaving the family destitute. The Constitution recognizes the right to family and its protection to shelter and indeed protection of children. These ...
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SC27-19 : SYNOHYDRO ZIMBABWE (PVT) LTD vs TOWNSEND ENTERPRISES (PVT) LTD and DAVID WHATMAN N.O. and THE SHERIFF OF ZIMBABWE N.O.
Ruled By: MAKARAU JA

To avoid the attached property being removed, the applicant issued a security bond in terms of the High Court Rules.
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HH226-15 : VALLEY MINING PL and ISAAC NJAINJAI and OTHERS vs AFRICAN BANKING CORPORATION t/a BANC ABC and MIRIRAI WASHAYA and SHERIFF OF ZIMBABWE and REGISTRAR OF DEEDS
Ruled By: ZHOU J

The applicants' immovable property, Stand 650 Borrowdale Township of Stand 10 of Lot C Borrowdale Estate, also known as 21B Crowhill Avenue, Borrowdale, Harare, was attached in execution of a judgment of this court granted in Case No. HC5872/12.The judgment was given in favour of the first respondent and against ...
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HH418-14 : TAKUDZWA CHIHOTA vs GIVEMORE MUNYARIWA AND 12 OTHERS and SHERIFF OF THE HIGH COURT (GWERU) and SUMMESTER STEEL PL
Ruled By: MATHONSI J

The first respondent obtained judgement against the third respondent and issued a writ in the sum of $11,821=12 against the third respondent's property on 14 May 2014.In pursuance thereof the first respondent instructed the Sheriff of this court to execute against the third respondent's property whereupon the Sheriff placed under ...
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Appealed
SC28-18 : NYAKUTOMBWA MUGABE LEGAL COUNSEL vs GETRUDE MUTASA and DIDYMUS MUTASA and SHERIFF OF ZIMBABWE
Ruled By: GARWE JA, MAKARAU JA and GUVAVA JA

This is an appeal against the judgment of the High Court of Zimbabwe ordering the return of all the goods belonging to the first and second respondents attached pursuant to a default judgment granted earlier by the same court against the second respondent.The judgment appealed against also ordered that the ...
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HH145-17 : GERTRUDE MUTASA and DIDYMUS MUTASA vs NYAKUTOMBWA & MUGABE LEGAL COUNSEL and SHERIFF OF THE HIGH COURT
Ruled By: TSANGA J

The first and second applicants, the Mutasas, are husband and wife. Before me, they seek a stay of execution and return of removed goods pursuant to a default judgement in a matter relating to unpaid legal fees for services purportedly rendered by the first respondent, Nyakutombwa Mugabe legal ...
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HH202-18 : GERTRUDE MUTASA and DIDYMUS MUTASA vs NYAKUTOMBWA MUGABE LEGAL COUNSEL
Ruled By: TSANGA J

This application for rescission of judgment was brought under Order 49 Rule 449 which deals with rescission on the grounds such as, among others, that the order was erroneously sought or erroneously granted in the absence of a party affected by the judgement.The first applicant is the wife of the ...
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HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

This dispute came before me as a trial matter. The parties agreed to dispense with the need to call oral evidence there being no disputes of fact arising from the facts. Thereafter, the parties filed heads of argument and a Statement of Agreed Facts.After argument, the court granted the following ...
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HH14-15 : ELECTROFORCE WHOLESALERS (PVT) LTD and CHAMUNORWA MAWUNGANIDZE vs FBC BANK LIMITED
Ruled By: MAKONI J

Rule 348A(5a) of the High Court Rules provides:-“Without derogation from subrules (3) to (5), where the dwelling that has been attached is occupied by the execution debtor or members of his family, the execution debtor may, within ten days after service upon him of the notice in terms of Rule ...
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HH677-14 : MAXWELL SIBANDA vs ZAMBE NYIKA/GWASIRA and REGISTRAR OF DEEDS and EVERJOY MEDA
Ruled By: MATANDA-MOYO J

Counsel for the applicant referred to HERBSTEIN and Van WINSEN, 3ed in Civil Practice of the Superior Courts in South Africa where the author says:“A judgment creditor is entitled to attach and have sold in execution the property of his debtor notwithstanding that a third party has a personal right ...
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HB03-15 : LUBECK INVESTMENTS (PVT) LTD t/a HIGHER LEARNING CENTRE vs BESTER DUNDUZA
Ruled By: TAKUVA J

This is an application for summary judgment in terms of Order 10 Rule 64 of the High Court Rules, 1971.The background facts are as follows:The applicant, plaintiff at the time, issued summons under HC880/09 against one Richard Dunduza (1st defendant) now deceased and one Tafara Chikati (2nd defendant), seeking payment ...
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HH842-19 : BARIADIE INVESTMENTS (PVT) LTD vs PUWAYI CHIUTSI and TENDAI MASHAMHANDA and REGISTRAR OF DEEDS and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O. and ELLIOT ROGERS
Ruled By: CHITAPI J

The applicant prays for an order that Deed of Transfer No.708/19 made in favour of the second respondent should be cancelled and that the prior Deed of Transfer No.8421/2000 in the name of the first respondent, and from which transfer in favour of the second respondent was made should be ...
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SC81-21 : FRANK HUMBE vs DESMOND MUCHINA and SPARKLES SERVICES (PVT) LTD and GODFREY MUNYAMANA and SHERIFF OF ZIMBABWE and FADZAYI MUNYAMANA
Ruled By: BHUNU JA, MATHONSI JA and KUDYA AJA

The appellant brought an urgent chamber application in the High Court for a stay of the execution of a judgment obtained by the first respondent against the second and third respondents on 12 February 2018 in the sum of US$352,851=30 together with interest and costs of suit.By judgment delivered on ...
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HH974-15 : GUGULETHU HURASHA vs CENTRAL AFRICAN BUILDING SOCIETY and FIRST CAPITAL PLUS and ITAYI MUNYEZA and SHERIFF OF ZIMBABWE and MASTER OF THE HIGH COURT
Ruled By: NDEWERE J

The applicant and the third respondent divorced on 16 January 2014 in Case No. HC7328/13.In terms of a consent paper concluded on 14 November 2013, which became part of the divorce order of 16 January 2014, the applicant and the third respondent agreed to give their matrimonial home, Stand No.17074 ...
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HB134-15 : STANLEY NANZOMBE vs SICINGILE MASUKU (NEE MOYO) and THE SHERIFF OF ZIMBABWE and THE REGISTRAR OF DEEDS
Ruled By: MAKONESE J

HERBSTEIN and VAN WINSEN in Civil Practice and Procedure of the Superior Courts in South Africa, 3rd Ed…, stated as follows:“…,. A judgment creditor is entitled to attach and have sold in execution the property of his debtor notwithstanding that a third party has a personal right against such a ...
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HMA18-19 : BRIAN GAVA vs CHAMISA MAWERE and CHAMPION CHAKANETSA (as Executor of Estate Late Claudio Chakanetsa) and MISHECK MIZEKE and MESSENGER OF COURT – GWERU and CITY OF GWERU and REGISTRAR OF DEEDS – BULAWAYO N.O.
Ruled By: MAFUSIRE J

The property situate, Stand 2468 Mkoba 7 Township in Gweru (“the property”) was at all relevant times owned by the fifth respondent, Gweru City Council.However, one Honest Pepolo was apparently buying it from Gweru City Council in terms of one of those standard term lease to buy agreements.Apparently, in June ...
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