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Passing of Ownership, Proof of Title re: Movable Property & Principle that Possession Raises a Presumption of Ownership

HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

The plaintiff's son relied on the registration books of the lorry and trailer that were produced..., as proof that these vehicles belonged to his father. The Mhangura accounts demonstrated that..., the vehicles were part of the asset base. The treatment of the vehicles in the accounts justified the contention by counsel for the defendant, amply highlighted ...
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HH76-10 : ROSEMARY CHINJAYANI vs MINISTER OF HOME AFFAIRS and COMMISSIONER OF POLICE and DETECTIVE INSPECTOR MUKOSI
Ruled By: UCHENA J

The applicant is the registered owner of a Toyota Chasser motor vehicle registration number ABL 2611. It was registered on 9 November 2009.
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HH115-10 : NASSAH MUKOMBERANWA vs VIVIAN MOKOMBERANWA
Ruled By: MUSAKWA J

Section 7(1) of the Matrimonial Causes Act [Chapter 5:13] provides that -“Subject to this section, in granting a decree of divorce, judicial separation, or nullity of marriage, or at any time thereafter, an appropriate court may make an order with regard to —(a) The division, apportionment or distribution of ...
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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

There is one more point. The applicants alleged that the attached assets did not belong to Air Zimbabwe Holdings against which Stephen Nhuta had a judgment, but against Air Zimbabwe which not only was not indebted to Stephen Nhuta but also the assets for which are immune from attachment. But not a shred of ...
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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 respect of his personal claim, the first claimant made reference to vehicle registration books showing that a Trailer Super Bike and a Mazda Demio belong to himself while a Ford Ranger pickup belongs to Grenadier Safaris (Pvt) Ltd and a Range Rover Station wagon belongs to Charles Phillip Bwerinofa. I must mention ...
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HH280-14 : JAMERA PATSWAWAIRI TILTON vs GOODLUCKY SIMOKO and RM INSURANCE
Ruled By: MTSHIYA J

Through submission of a Customs Clearance Certificate, the plaintiff confirmed ownership of the Camry.
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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

As to the ownership of property attached, it was alleged by the appellants that that property belonged to Air Zimbabwe and not to Air Zimbabwe Holdings. In support of this allegation, a number of registration books were attached to the appellants' papers. The learned Judge determined this issue as follows: “Applicants alleged that the attached assets ...
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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

The law is clear…, that a person who is in possession of a movable thing is presumed to be the owner of it. It is also a settled principle that where movable property is attached whilst in the possession of the judgment debtor, at the time of the attachment, the onus of proving ...
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SC26-17 : SECURITIES AND EXCHANGE COMMISSION OF ZIMBABWE vs PHIBION GWATIDZO N.O. and FIRST TRANSFER SECRETARIES (PRIVATE) LIMITED and MAST STOCK BROKERS PL and MASTER OF THE HIGH COURT N.O.
Ruled By: GWAUNZA JA, HLATSHWAYO JA and MAVANGIRA AJA

It is common cause that the company, Renaissance Securities (Pvt) Ltd (In Liquidation), was the nominee shareholder of the shares in question. The court a quo also found as much. A nominee shareholder holds shares for the benefit and on behalf of another person. A nominee shareholder is therefore not ...
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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

An inventory of assets or an assets register would, in the view which the court holds of the matter, have sufficed as proof of ownership of the property by the claimant.
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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

It is further submitted, for the appellants, that the agreements entered into between Mbada Mine and themselves should have been taken into cognisance by the court a quo because this was the evidence that proved the fact that ownership of the assets remained with the appellants. They rely on the reservation clauses in the agreements which stipulate that the ...
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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

Benedict Gilbert Moyo filed…, an “inter-pleader affidavit” wherein he claimed that the attached motor vehicle, a Prado, registration number AAQ 6130, belongs to the Development Trust of Insiza (claimant)…,. The registration book was…, attached as “proof that the motor vehicle belongs to the Development Trust of Insiza.”…,. The judgment creditor argued that since the registration book bears the warning ...
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HB257-16 : VILLAGE PROPERTIES (PVT) LTD vs REGGIE SARUCHERA (as Liquidator of 2nd respondent) and JW JAGGERS WHOLESALERS (PVT) LTD (in liquidation)
Ruled By: MAKONESE J

In its founding affidavit, the applicant has laid bare claims of right in the fixtures and fittings. There is no documentary proof in the applicant's papers asserting a clear right. The mere production of a list of fixtures and fitting does not in any way prove any right of ownership in the property in question.
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Appealed
SC34-19 : NJZ RESOURCES (HK) LIMITED vs ANDREW ZINYEMBA AND 18 OTHERS
Ruled By: GWAUNZA DCJ, MAKARAU JA and BHUNU JA

WHETHER OR NOT THE APPELLANT PROVED, ON A BALANCE OF PROBABILITIES, THAT THE PROPERTY AT THE CENTRE OF THE DISPUTE WAS OWNED BY IT A determination of this issue in the positive would entitle the claimant, that is the appellant, to the relief that it sought in its inter pleader claim. A perusal of the judgment a quo, ...
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HMA34-18 : THE SHERIFF FOR ZIMBABWE vs RENSON MAHACHI and LEOMARCH ENGINEERING
Ruled By: MAFUSIRE J

The parties referred me to such cases as Phillips N.O. v National Foods Ltd Anor 1996 [2] ZLR 532 [H]; Deputy Sheriff, Marondera v Traverse Investments [Pvt] Ltd Anor HH11-03; Sheriff of the High Court v Mayaya Ors HH494-15; and Sheriff of the High Court v Majoni Ors HH689-15. One common thread running through such cases, and ...
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HH494-15 : THE SHERIFF OF THE HIGH COURT vs SHEPHARD MAYAYA and DAPHNE MAKOTORE and TURNALL HOLDINGS LIMITED
Ruled By: MUREMBA J

The first claimant attached the registration book of the Mazda 323 to his opposing affidavit. The registration book is in the name of Zimsun Leisure Group. The first claimant also attached an Agreement of Sale which was entered into between African Sun Limited (Zimsun) and Simeon Mandeya for the sale of the Mazda 323. There ...
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HH689-15 : THE SHERIFF OF THE HIGH COURT vs MUNYARADZI MAJONI and PAULINA MAJONI and MANDY M MAJONI and JAMES GUMBI
Ruled By: MAFUSIRE J

In the present case, I balanced the probabilities. The scales tilted in favour of the judgment creditor. I considered that the claimants had failed to discharge the onus resting upon them….,. In the first place, the address at which the goods had been seized by the applicant was the address given out by the judgment debtor ...
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HH229-17 : ALEXIOS CHIGAAZIRA vs SHAKE MUSEVE and LAURA MUKWEKWE and RAPHAEL GABRIEL
Ruled By: DUBE J

The applicant has managed to show that he is the owner of the biscuit-making equipment. He produced receipts to that effect, illustrating, on a balance of probabilities, that he owns the property.
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HB82-15 : THULISANI NYAMAMBI vs BONGANI NCUBE
Ruled By: MAKONESE J

In this matter the plaintiff's claim is for a declaratory order in the following terms: “(a) An order that the defendant be declared the true and lawful owner of the Mercedes Benz Sprinter, registration number ACQ 0587. (b) An order that the defendant surrender the Mercedes Benz Sprinter, registration number ACQ 0587 together with its registration documents to plaintiff ...
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HH05-03 : U-FREIGHT EUROMAR (PRIVATE) LIMITED vs EMMANUEL MUTEBUKA
Ruled By: MAKARAU J

I believe the year 1989 is a good starting point for the story of one John Chidyiwa, the Managing Director of the plaintiff, and the defendant. Then, the two knew each other as work-mates in the Department of Customs and Excise (as it was then known). In or about 1993, the two became quite close friends. ...
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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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HH113-06 : JOSHUA KADENGU and LAMECK KADENGU and ROSA KADENGU vs OLGA KADENGU (In her personal capacity and as guardian of her two minor children) and RICHARD CHIMBARU and MASTER OF THE HIGH COURT
Ruled By: KUDYA J

On 24 March 2003, three of the beneficiaries of the estate of the late Job Bruno Kadengu filed this application seeking the variation of certain clauses of the Last Will and Testament of the testator.The application was served on the respondents on 2nd April 2003, 17 April 2003, and 16 ...
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HB125-18 : THE SHERIFF OF ZIMBABWE - APPLICANT vs CORESOIL MINING PL (Represented by Kelvin Kaguru) - CLAIMANT and KUSAFUNGA KAGURU - JUDGMENT DEBTOR and ESTER MOYO (NEE KELLIE) - JUDGMENT CREDITOR
Ruled By: MAKONESE J

The applicant is the Deputy Sheriff for Bulawayo. Pursuant to the provisions of Order 30 Rule 205A as read with Rule 207 of the High Court Rules, 1971, the applicant filed an interpleader notice in this matter.The judgment creditor obtained judgment in case number HC735/15, and, subsequently, instructed the applicant ...
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HH424-13 : HONEY AND BLANCKENBERG vs LOURENCE ERASMUS VERMAAK and OTHERS
Ruled By: TSANGA J

The BackgroundThe applicant, Honey and Blanckenberg, instituted interpleader, in terms of Rule 30 of the High Court Rules, for the court to declare to whom it should pay an amount of $70,000 currently held in trust as rentals for certain companies.According to the applicant's affidavit, the companies in question are ...
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Appealed
SC08-21 : WELLI-WELL (PVT) LTD vs MALVERN IMBAYAGO and THE SHERIFF OF ZIMBABWE
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE AJA

In the process of executing a judgment of the High Court against B.M. Graphics (the judgment debtor), the Sheriff placed under judicial attachment certain movable property found at Stand No. 499 Goodwin Road, Willowvale, Harare.The appellant lay a claim to that property resulting in interpleader proceedings being instituted.In a judgment ...
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HH351-20 : THE SHERIFF OF ZIMBABWE and GURTA AG vs ANDERSON MANJA and 98 OTHERS
Ruled By: CHIKOWERO J

In Sabarauta v Local Authorities Pension Fund and the Sheriff SC77-17, UCHENA JA, writing for the Zimbabwe Supreme Court, said:“Interpleader proceedings are instituted by the Sheriff in respect of property attached by him when a third party claims ownership of that property. In such proceedings, it is necessary for the ...
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HB233-18 : THE SHERIFF OF ZIMBABWE vs SENITAL (PVT) LTD t/a FRANK B MINE and ZIMBABWE UNITED PASSENGER COMPANY LTD
Ruled By: MAKONESE J

The proceedings in this matter relate to interpleader relief being sought by the claimant pursuant to the provisions of Order 30 of the High Court Rules, 1971.As contemplated by the provisions of Order 30, Rule 208 of the Rules, the applicant has declared no interest in the matter other than ...
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HH521-18 : DEPUTY SHERIFF MARONDERA vs ESTHER HOMBARUME and VIOLET MUNJARANJI and EPHISON NDAHWI and SHAKI MUSEVE and NOMUHLE BANGANI and COOPER SMIT and TIANZE TOBACCO PL and LAWRENCE KATSIRU
Ruled By: CHITAPI J

In this application, the applicant attached in execution certain movable goods listed in annexure B to the application. The goods were attached for execution to satisfy a judgment of this court in the case Tian Ze Tobacco Company (Pvt) Ltd v Lawrence Katsiru Case No. HC2100/14.The two parties are the ...
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HH746-19 : SHERIFF FOR ZIMBABWE (APPLICANT) vs WELLI-WILL INDUSTRIES (PVT) LTD (CLAIMANT) and MALVERN IMBAYAGO (JUDGMENT CREDITOR)
Ruled By: DUBE-BANDA J

This is an interpleader application and the Sheriff of Zimbabwe is the applicant.The facts of this case are interwoven and intricate. It is therefore important that I give a detailed background of the facts preceding this application.For ease of reference, and where the context allows, I will refer to the ...
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SC77-17 : JULIANA SABARAUTA vs LOCAL AUTHORITIES PENSION FUND and THE SHERIFF
Ruled By: GUVAVA JA, UCHENA JA and ZIYAMBI AJA

The appellant appealed to this court against the decision of the High Court. After reading the record and hearing submissions from counsel for the parties, we dismissed the appeal with costs. We indicated that reasons for judgment would follow in due course. These are they.FACTUAL BACKGROUNDThe appellant was a director ...
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HH128-16 : THE SHERIFF OF THE HIGH COURT vs ORIMBAHURU HOLDINGS (PVT) LIMITED and PEOPLES OWN SAVINGS BANK
Ruled By: FOROMA J

This is an interpleader application in which the Sheriff of the High Court, as the applicant, caused an inter-pleader notice to be issued in terms of Order 30 Rule 205A as read with Rule 207 and Rule 4C of the High Court Rules in order for the court to determine ...
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HH542-15 : THE SHERIFF OF THE HIGH COURT vs RONGXIN MINING (PRIVATE) LIMITED and FREDDY MAKUVISE
Ruled By: MTSHIYA J

This is an interpleader application.On 5 September 2014, the following consent order was granted in favour of the judgement creditor;“IT IS ORDERED BY CONSENT THAT:1. The defendants shall pay US$60,000 being 10% commission on an investment of U$600,000 brokered by the plaintiff.2. The US$60,000 shall be paid through plaintiff's legal ...
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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

CHINAMORA J, in The Sheriff for Zimbabwe v Humbe Anor HH378-20, stated:“In casu, the judgment debtor has title to the property. It is indeed immovable property. However, I propose to equate possession in the case of movable goods to title in respect of immovable property.To the extent that ...
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HH378-20 : THE SHERIFF FOR ZIMBABWE vs FRANK HUMBE and DESMOND MUCHINA
Ruled By: CHINAMORA J

IntroductionOn 2 June 2020, I heard argument in relation to interpleader proceedings brought in terms of Order 30 Rule 205A as read with Rule 207 of the High Court Rules 1971.I dismissed the claimant's claim, and the order which I granted, inter alia, declared the property which had been placed ...
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SC145-21 : SARAH CARTER vs KATHLEEN MACINTOSH (Represented by Edward Warhurst, Executor of Estate Late Kathleen McIntosh) and ANOTHER
Ruled By: MAVANGIRA JA, BHUNU JA and CHATUKUTA AJA

The natural inclination and presumption at law is that the owner of land is presumed to own all property on his/her land until the contrary is proved.
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