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Judicial Eviction, Attachment and Order re: State Assets and the Statutory Immunity from Execution

Appealed
SC65-14 : AIR ZIMBABWE (PRIVATE) LIMITED and AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED vs STEPHEN NHUTA and DEPUTY SHERIFF HARARE and SHERIFF OF ZIMBABWE
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

This is an appeal against a judgment of the High Court dismissing with costs an urgent application brought by the appellants for the release from 'attachment and execution' of certain motor vehicles and other assets attached by the second respondent (“the Deputy Sheriff”) on the appellants' premises on 12 April 2013. THE BACKGROUND The first and ...
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HB67-11 : RESERVE BANK OF ZIMBABWE vs SEEDCO INTERNATIONAL LIMITED and ART HOLDINGS LIMITED and LAWRENCE TAMAYI and OTHERS
Ruled By: NDOU J

The applicant seeks a provisional order in the following terms: “Terms of the final order sought That you show cause to this honourable court why a final order should not be made on the following terms: a) 1st and 6th respondents be and are hereby permanently interdicted from attaching and auctioning the assets of the applicant except as provided for ...
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HH273-10 : WYNINA (PRIVATE) LIMITED vs MBCA BANK LIMITED
Ruled By: PATEL J

Immunity from Execution Given the above reservations, I do not deem it necessary or appropriate to determine the specific legal status of the Reserve Bank of Zimbabwe as a statutory body and its immunity from execution. These are unquestionably very important and interesting points that should be fully ventilated at an opportune juncture. Nevertheless, I am disposed ...
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HH129-13 : AIR ZIMBABWE [PRIVATE] LIMITED and AIR ZIMBABWE HOLDINGS [PRIVATE] LIMITED vs STEPHEN NHUTA and DEPUTY SHERIFF HARARE and SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

The urgent chamber application before me was premised on the allegation and contention that the assets belonging to Air Zimbabwe or Air Zimbabwe Holdings or any other company hailing from “…,the Air Zimbabwe Stable” had become immune from attachment and execution by virtue of the Finance [No.2] Act [being Act No.6 of 2012, ...
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HH172-17 : TENDAI MANGWIRO vs MINISTER OF JUSTICE & LEGAL AFFAIRS (N.O.) and MINISTER OF HOME AFFAIRS (N.O) and ATTORNEY-GENERAL OF ZIMBABWE (N.O.)
Ruled By: MUSHORE J

After what can only be described as being both an eventful but arduous journey through the courts, the applicant is now petitioning this Court for an order declaring that section 5(2) of the State Liabilities Act [Chapter 8:14] is unconstitutional. Section 5(2) of the State Liabilities Act [Chapter 8:14] provides that State property is immune from attachment and execution, and that, ...
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HH230-15 : CHITUNGWIZA CENTRAL HOSPITAL vs MOTOR FIX (PVT) LIMITED and THE REGISTRAR OF THE HIGH COURT and SHERIFF OF THE HIGH COURT
Ruled By: MAWADZE J

This is an urgent chamber application in which the applicant seeks interim relief in the following terms;“INTERIM RELIEF GRANTEDPending the confirmation or discharge of the Provisional Order, the applicant is granted the following interim relief;1. The execution of the writ issued under Case No. HC10108/13 be and is hereby stayed ...
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HH710-16 : TENDAI MANGWIRO vs DR IGNATIUS CHOMBO
Ruled By: TSANGA J

Section 5(2) of the State Liabilities Act [Chapter 8:14] provides as follows: “Subject to this section, no execution or attachment or process in the nature thereof shall be issued against the defendant or respondent in any action or proceedings referred to in section two or against any property of the ...
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