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Judicial Declaratory Order or Declaratur re: Interpleader Proceedings iro Judicial Attachment

HH194-10 : MANDLENKOSI NHLIZIYO vs GREYS SERVICES STATION and HILLARY NDEBELE and THE DEPUTY SHERIFF
Ruled By: MAWADZE J

On 27 July 2010, the applicant instituted inter-pleader proceedings in Case No.HC5098/10 in which the applicant is cited as the claimant and the first to third respondents' are as in casu. This matter is pending before this court.The second respondent filed a supporting affidavit in which the second respondent alleges that the property listed in Annexure ...
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HB23-11 : REGINA GUMBO vs COMPANY WHITE SPACE SALES (PVT) LTD and ALBERT TONHOMA and STANBIC BANK ZIMBABWE LIMITED
Ruled By: KAMOCHA J

During the period extending from May 2009 to 19 January 2010, Boniface Tonhoma, the son of the first claimant, who was employed as a Bulk Bank Teller by Stanbic Bank in Bulawayo received various deposits from the customers of the bank and allegedly converted a total of $223,701= to his own use. He was ...
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HH330-13 : THE SHERIFF OF THE HIGH COURT vs ANTONY WILLIAM MACKINGTOSH and KAR CORPORATION (PRIVATE) LIMITED and PUMULANI NCUBE
Ruled By: MATHONSI J

In the discharge of his duties as Sheriff, the applicant placed under attachment certain items of property located at 162 The Chase, Mount Pleasant, Harare. This was in pursuance of a writ of execution issued by the judgment creditor in HC437/13 against Harare Kawasaki after he obtained judgment against that entity on 25 March ...
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HB142-11 : ENFUND TRADING COMPANY t/a ALPHA MOTORS vs GORDON THONYE t/a THONYE LAND SURVEYORS and THE DEPUTY SHERIFF (N.O)
Ruled By: CHEDA J

The reason for an interpleader is to alert the warring parties, that, ownership of the attached property is being challenged. As an officer of the court, the second respondent should have acted professionally and impartially. The second respondent's failure to act properly no doubt resulted in actual prejudice to the applicant. The applicant has ...
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HH120-13 : DEPUTY SHERIFF – HARARE vs HEAVY EQUIPMENT POWER PARTS and HOPE TEMBO
Ruled By: MATHONSI J

In the execution of his duties in pursuance of a Writ of Execution issued out of this court, the applicant placed under attachment certain items of property. This was in the matter involving Hope Tembo and Morayford Investments (Pvt) (Ltd) and Arther Mutasa HC8415/2011.The property attached in execution was claimed by the claimant Heavy ...
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HH310-14 : DEPUTY SHERIFF, KAROI vs EDWARD CHIGANGO and 55 OTHERS and FRESH BAKERY, KAROI and DAVID GOVERE
Ruled By: TSANGA J

This was an application for an interpleader lodged by the Deputy Sherriff of Karoi against Edward Chigango 55 others as first respondents and judgment creditors. Fresh Bakery, Karoi were second respondents and judgment debtors. David Govere was the third respondent and claimant. The order I granted in this matter on 1 November was as ...
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SC08-17 : JOYCE MUZANENHAMO vs FISHTOWN INVESTMENTS (PRIVATE) LIMITED and CALENDFEB (PRIVATE) LIMITED and BERTHA MUZANENHAMO and THE SHERIFF OF THE HIGH COURT OF ZIMBABWE
Ruled By: MALABA DCJ, GOWORA JA and MAVANGIRA JA

This is an appeal against the whole judgment of the High Court in which the court dismissed the appellant's inter-pleader claim to goods attached by the fourth respondent on the first respondents' instructions.BACKGROUNDOn 1 September 2010, the first respondent, as the Seller, on the one hand and the second respondent, as the Purchaser, ...
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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 judgment creditor is Kreamorn Investments (Pvt) Ltd. On 5 March 2013, the judgment creditor obtained judgment by consent against the judgment debtors and three others for US$57,579=22 in case No. HC12609/12. Pursuant to that judgment, the judgment creditor, through the applicant, attached Stand No.4716 Prospect Township, also known as No.4716 Mainway Meadows, Prospect, Waterfalls. ...
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HH39-15 : THE SHERIFF OF THE HIGH COURT and KWEKWE CONSOLIDATED GOLD MINES (PVT) LTD vs MINISTER OF HIGHER AND TERTIARY EDUCATION N.O (Representing ZIMBABWE MANPOWER DEVELOPMENT)
Ruled By: MANGOTA J

On 1 December 2013, the judgment creditor (the creditor) issued summons against Homestake Mining, the judgment debtor (the debtor) claiming $33,642=61 and interest at 5% per annum calculated from 1 January 2011 to date of payment. The debtor was a duly incorporated company with limited liability. Its address of service was given as 1 ...
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Appealed
SC33-18 : SMIT INVESTMENT HOLDINGS SA (PROPRIETARY) LIMITED and GENET MINING (PROPRIETARY) LIMITED vs THE SHERIFF OF ZIMBABWE and PUNGWE MINING (PVT) LTD
Ruled By: MALABA CJ, HLATSHWAYO JA and PATEL JA

This is an appeal against the judgement of the High Court in interpleader proceedings arising from the attachment of mining equipment carried out by the first respondent (the Sheriff) at Mbada Mine….,. It is trite law that in inter-pleader proceedings the claimant has to set out facts and evidence which constitute proof of ownership of the assets ...
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HH259-17 : THE SHERIFF OF THE HIGH COURT vs GENET MINING (PROPRIETARY) LIMITED and PUNGWE MINING (PRIVATE) LIMITED
Ruled By: HUNGWE J

On 8 April 2016, and pursuant to a writ of execution against movable property issued out of this court, under case number HC3964/15, in the matter between the judgment creditor and Mbada Diamonds (Pvt) Ltd (“Mbada Diamonds”), the applicant attended at 124 Ventersburg Area, Msasa, Harare and placed under judicial attachment an assortment of heavy duty ...
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HB169-16 : THE SHERIFF OF THE HIGH COURT OF ZIMBABWE vs DEVELOPMENT TRUST OF INSIZA and ZIMBABWE ASSOCIATION OF DAIRY FARMERS
Ruled By: TAKUVA J

Pursuant to the provisions of Order 30 Rule 205A as read with Rule 207 of the High Court Rules, 1971 the applicant filed an inter pleader notice calling upon the claimant and judgment creditor to deliver particulars of their claims to the attached property as per Notice of Seizure and Attachment. The applicant subsequently set down the ...
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HH160-15 : THE SHERIFF OF THE HIGH COURT and STEPHEN MUTUMHE vs RICHARD CHITAMBO
Ruled By: MTSHIYA J

This is an interpleader application. On 9 January 2014, an arbitral award was made in favour of the judgment creditor. The award was against Rufaro Marketing (Pvt) Ltd (the judgment debtor) (not cited herein). The judgment creditor proceeded to register the award as an order of this court. The court order obtained on 24 April 2014 reads as ...