interpleader proceedings in zimbabwe

R. Kunze, for the judgment creditor . Citing the case of Zandberg v Van Zyl 1910 AD 258 it argued that at law possession of a movable raises a presumption of ownership. 205A. During the hearing of the civil matter, Mrs Kunonga brought invoices to show that she was the one who bought the cattle. Case note on S v Semba HH-299-17, A ray of hope for the outlawing of corporal punishment in Zimbabwe: A review of recent developments, Doctors who cause the patient deaths Case note on S v McGown 1995 (1) ZLR 4 (H), Judicial appointment in Zimbabwe: defining the concept of “fit and proper person” research paper submitted to the Faculty of Law of the Midlands State University, Reporting a court case arising from false social media report Casenote on Mushunje v Zimbabwe Newspapers, Should provocation be a partial defence to intentional killing of an adulterous spouse? and. In a civil claim for damages the proceedings had reached the point where D an order was made at a case ... Coetzee and Another v National Railways of Zimbabwe [1983] B.L.R. Powers of court. SC 780/17) [2018] ZWSC 33 (19 June 2018); about The Deputy Sheriff of the High Court v Lameck & 2 Others (HH 269-18, HC 3398/15) [2018] ZWHHC 269 (24 May 2018); about The Sheriff of Zimbabwe & 3 Others v Gahadzikwa (HH 272-18, HC 8793/17) [2018] ZWHHC 272 (15 March 2018); about The Sheriff of Zimbabwe v Sibanda & Another (HH 275-18, HC 8039/17 Ref HC 10057/16) [2018] ZWHHC 275 (23 May 2018); about The Sheriff of Zimbabwe v Rowan Marco Benatar & Another (HH 157-18, HC 10628/17 X ref Ref HC 5257/11) [2018] ZWHHC 157 (21 March 2018); about The Sheriff of Zimbabwe v Bevyzone Investment (Pvt) Limited & 13 Others (HH 39-18, HC 4710/17 X ref Ref HC 7298/16) [2018] ZWHHC 39 (24 January 2018); about Xtreme Oils Private Limited v Shahadat (HH 21-18, CIV ‘A’ 216/16) [2018] ZWHHC 21 (18 January 2018); Midlands State University Law Review Journal, University of Zimbabwe Student Law Review Journal, Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19, Guilt by association: the over-extension of the doctrine of common purpose, Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper, The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, The Role of the Criminal Law in the Protection of Women Against Gender-Based Violence: Case note on S v Jeri HH-516-17, Accessing information held by the State and State institutions Case note on Hitschmann v City of Mutare & Anor HH-211-16. Rule 22 is known as rule interpleader. 861. 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. See the case of EVE CHRISTINE GAHADZIKWA IN THE HIGH COURT OF ZIMBABWE MAKONI J HARARE, 15 March, 2018 Opposed Matter Ms F. Mabungu, for the applicant. Dwinchi Woodtech Botswana and Another v Deputy Sheriff Kennekae and Another [2010] 3 B.L.R. 1. The Sheriff for Zimbabwe v Masango & 2 Others (HH 448-19, HC 11275/18) [2019] ZWHHC 448 (03 July 2019); The Sheriff of Zimbabwe v P. T Zhanda & Sons Private Limited & 2 others (HH 35-19, HC 5243/18 X Ref HC 1258/18) [2019] ZWHHC 35 (23 January 2019); The Sheriff for Zimbabwe v Mahachi & Another (HMA 34-18, HC 98/18 Ref Case No. MARRIAGE See CUSTOMARY LAW (Marriage) and FAMILY LAW (Husband and wife - marriage), In pari delicto mellor est conditio possidentis Logan v Sibiya 2002 (1) 531 (H), MENTAL DISORDERS See CRIMINAL LAW Defences (Insanity) and CRIMINAL PROCEDURE (Verdict - special verdict), Appeal - court martial - appeal against decision of, MISJOINDER See PRACTICE AND PROCEDURE (Joinder), NATIONALITY See CONSTITUTIONAL LAW (Citizenship), OCCUPIER See PROPERTY AND REAL RIGHTS (Occupier), OWNERSHIP See PROPERTY AND REAL RIGHTS (Ownership), PARLIAMENT See CONSTITUTIONAL LAW (Parliament), division of property following dissolution of partnership, essentials not necessarily conclusive to existence of a partnership, need to show that business was being carried out for joint benefit of both partners, breach by one party of duty of good faith (PARTNERSHIP), unfinished partnership business after de facto termination of agreement, Applicability of action other than in trade relationships (PASSING OFF), Requirements to establish claim (PASSING OFF), Use of distinctive word and packaging (PASSING OFF), officer convicted and sentenced in a magistrates court, act in defence of third party property (POLICE), enforce law and protect constitutional right to protection of the law (POLICE), Police officer – discipline See POLICE (Discipline), Absolution from the instance – principles, application made in respect of ancillary matter, court should lean in favour of case continuing, court's jurisdiction to protect itself from abuse, summary dismissal of action (Abuse of process), ancillary issue not specifically before court, supporting affidavit filed in opposition to claim, what is not denied in affidavits must be taken to be admitted, requirement to serve copy of notice on plaintiff or his legal practitioner, affidavit See PRACTICE AND PROCEDURE (Affidavit), against banking institution placed under curatorship, cause of action must be set out in founding affidavit. In casu the second claimant was not a party to the proceedings which gave rise to the judgment which resulted in the attachment of the household goods in dispute. action for See DELICT (Actio injuriarum - adultery), GUARDIANSHIP See FAMILY LAW (Child - guardianship), HEIR See ADMINISTRATION OF ESTATES, SUCCESSION and WILL, HOUSE BREAKING See CRIMINAL LAW Common Law Offences (Housebreaking). Defamation See DELICT (Defamation - interdict). The first claimant also attached an agreement of sale which was entered into by and between himself and  Simeon Mandeya on 12 August 2012 which shows that he paid US$4 500.00 for the purchase of the same motor vehicle. Rule interpleader (Current as of December 1, 2011) Interpleader is also allowed by the Federal Rules of Civil Procedure 22. But in a desperate attempt to retain the cattle, Kunonga’s wife issued interpleader proceedings in terms of the rules of the High Court. locus standi See PRACTICE AND PROCEDURE (Locus standi), order requiring the performances of acts by person who is not a party to action, Zambia Broadcasting Corporation (Parties), lis pendens See PRACTICE AND PROCEDURE (Lis pendens), res judicata See PRACTICE AND PROCEDURE (Res judicata), special pleas, exceptions and applications to strike out, declaration – delictual action (Pleadings), extent to which parties are bound by pleadings, based on judgment in personam (Res judicata), previous litigation between same parties (Res judicata), Rights of action (PRACTICE AND PROCEDURE), Rules of court – departure from (PRACTICE AND PROCEDURE). Whilst the second claimant in her affidavit of 25 February 2015 which is supposed to be her opposing affidavit although it is titled “answering affidavit” stated that the goods were taken from her home and that the goods were in her possession and control, she did not state her home address. Chissano Takes the Baton. 17 of 2002), Labour Relations Tribunal See also EMPLOYMENT (Labour Court), Unlawful interference with right to earn a living, Urban council employee See EMPLOYMENT (Employee - urban council employees), Vicarious liability of employer for delictual acts of employee, Vicarious liability of master for delictual acts of servant, Vicarious liability of master for negligence of a third party employed by servant, Practising as estate agent without being registered, Admissions See CRIMINAL PROCEDURE (Admissions), Demeanour See EVIDENCE (Credibility - demeanour), EX PARTE APPLICATION See PRACTICE AND PROCEDURE (Application - ex parte), EXCEPTION See PRACTICE AND PROCEDURE (Exception), Exchange Control Regulations 1996 (SI 109 of 1996), Offences under exchange control legislation relating to foreign currency, EXECUTION See PRACTICE AND PROCEDURE (Execution), EXECUTOR See ADMINISTRATION OF ESTATES (Executor), EXTRADITION See CRIMINAL PROCEDURE (Extradition), child removed from jurisdiction by one parent, legitimacyof child born during subsistence of customary law marriage -, return of child to country of habitual residence. interpleader proceedings in the High Court for a ruling on the competing claims. THE SHERIFF OF ZIMBABWE. There is also a receipt which shows that Simeon Mandeya paid US $2 000.00 on 6 January 2012 for the purchase of the said motor vehicle. summary judgment See PRACTICE AND PROCEDURE (Summary judgment). S. Banda, for the 1 st and 2 nd claimant. The penalty for failing to change ownership of a motor vehicle as is required by the law is a fine not exceeding level four or to imprisonment not exceeding 3 months or to both such fine and such imprisonment. The Sheriff for Zimbabwe v Masango & 2 Others (HH 448-19, HC 11275/18) [2019] ZWHHC 448 (03 July 2019); PRACTICE AND PROCEDURE; Interpleader proceedings; property attached in execution; THE SHERIFF FOR ZIMBABWE . 1047/71 and Supreme Court of Zimbabwe Act, Chapter 7.13 (formerly No. A registration book on its own is not proof of legal ownership. 3. versus. Misjoinder and Non-joinder of Parties . The judgment creditor also argued that what compounds the first claimant’s claim is that the motor vehicle was attached at the judgment debtor’s premises. The local court is … Interpleader notice: conflicting claims. joinder of See PRACTICE AND PROCEDURE (Joinder of parties). 207. The house was eventually sold by the Sheriff on 15 September 2016 with Bariadie Investments being declared the highest bidder at the sum of $270 000-00. 64, CA. Provisions of Order 32 to apply. contract illegal for want of compliance with statutory formalities . par delictum rule (departure from) provision contrary to public policy. However, she did not say when it ceased to operate. PAUL CHISANGO. TSANGA J In the heads of argument a party or his or her legal practitioner should simply outline the submissions they intend to rely on and also set out the authorities if any, they intend to cite. No. Actions for Possession of Land . It is only in the heads of argument that she explains when she acquired the goods and states that she failed to locate the receipts thereof because she acquired the goods a long time ago. 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. This is even endorsed on registration books. The statement said Hippo Valley was not party to the litigation. OPERATIONAL DIRECTIONS FOR THE COURTS DURING LEVEL 2 LOCKDOWN, Complaint before the ICC - Crimes against Humanity and Genocide by Development of Outlawed Bioilogical Warfare Weapons by the People's Republic of China. B Ndoro, for the claimant. Case note on the case of S v Ranchi HH 515-17, The Zimbabwe Electronic Law Journal Now a Refereed Journal and the Editors invite you to contribute articles for future volumes. HAROLD CROWN. 1 Short title This Act may be cited as the General Laws Amendment Act, 2016. It would mean that neither the first claimant nor the judgment debtor is the owner of this motor vehicle. The property was attached at stand no. and. Contents of notice. 205. The stakeholder may invoke Rule … Her late husband Charles Nyamadzao was the Principal Director. Restraining a party from disposing of assets of a marriage, where date specified, interest runs from that, whether interest begins to run again from date of litis contestatio, rate of interest laid down in Money Lending and Rates of Interest Act [Chapter 14:14], rate of interest not same as rate under Prescribed Rate of Interest Act [Chapter 8:10], rate of interest when debt expressed in foreign currency, stipulated rate of interest in excess of rate laid down in Money Lending and Rates of Interest Act [Chapter 14:14], INTERLOCUTORY ORDER See APPEAL (Interlocutory order), International human rights instruments signed, effect on domestic law of international human rights instruments, use of international human rights instruments to resolve ambiguity in domestic legislation and to ensure equal treatment, whether international human rights instruments are part of the law, international organisation granted immunity under Privileges and Immunities Act [Chapter 3:03, incorporation of treaties into domestic law, requirement to act in accordance with human rights, democracy and the rule of law, Tribunal required to develop its own jurisprudence, having regard to applicable treaties, general principles and rules of public international law, JOINDER OF PARTIES See PRACTICE AND PROCEDURE (Joinder), JUDGMENT See CRIMINAL PROCEDURE (Trial - judgment) and PRACTICE AND PROCEDURE (Judgment), acquisition notice issued before coming into effect of constitutional amendment No 17, allocation of land appropriated from original owner for resettlement, application to Administrative Court to confirm acquisition, holder of offer letter in respect of land, occupation by former owner of farm or any part thereof, buyer having no right to transfer of land, Commercial Premises (Rent) Regulations 1983. 2. Case note on S v Semba HH-299-17, A ray of hope for the outlawing of corporal punishment in Zimbabwe: A review of recent developments, Doctors who cause the patient deaths Case note on S v McGown 1995 (1) ZLR 4 (H), Judicial appointment in Zimbabwe: defining the concept of “fit and proper person” research paper submitted to the Faculty of Law of the Midlands State University, Reporting a court case arising from false social media report Casenote on Mushunje v Zimbabwe Newspapers, Should provocation be a partial defence to intentional killing of an adulterous spouse? The parties may though by agreement appear before a local court. APPLICATION See PRACTICE AND PROCEDURE (Application). DEFAULT JUDGMENT See PRACTICE AND PROCEDURE (Default judgment), extent of act violating dignity (Actio injuriarum), extent of invasion of privacy (Actio injuriarum), voluntary assumption of risk by plaintiff, DIVORCE See FAMILY LAW (Husband and wife - divorce), Domicile of origin and domicile of choice (distinction), donation from one spouse to another (when proper), Act for payment of salary in lieu of notice, Appeal against determination of disciplinary committee under disciplinary code, disciplinary proceedings against employee, injuries sustained in course of employment, interest to employer (what must be shown), suspension of employee See EMPLOYMENT (Suspension), Industrial and Labour Relations Act of Zambia. With respect to the second claimant it is ordered that: Kantor and Immerman, applicant’s legal practitioners, J Mambara & partners, 1st  and 2nd claimants’ legal practitioners, Chihambakwe, Mutizwa & Partners, judgment creditor’s legal practitioners, Midlands State University Law Review Journal, University of Zimbabwe Student Law Review Journal, Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19, Guilt by association: the over-extension of the doctrine of common purpose, Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper, The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, The Role of the Criminal Law in the Protection of Women Against Gender-Based Violence: Case note on S v Jeri HH-516-17, Accessing information held by the State and State institutions Case note on Hitschmann v City of Mutare & Anor HH-211-16. HC 1148/15) [2018] ZWMSVHC 34 (13 June 2018); The Sheriff for Zimbabwe v Twenty Third Century Systems (PVT) LImited & Another (HH 36-18, HC 9545/16) [2018] ZWHHC 36 (25 January 2018); Sheriff of Zimbabwe & Enfield Cables (Pvt) Ltd. & Others (HH 246-17 HC 7813/16 Ref HC 13415/12) [2017] ZWHHC 246 (12 April 2017); The Deputy Sheriff of the High Court v Lameck & 2 Others (HH 269-18, HC 3398/15) [2018] ZWHHC 269 (24 May 2018); Survival Manufacturing Agencies (Pvt) Ltd v Masuwa (HH 628-20, Civil Appeal 10/20) [2020] ZWHHC 628 (08 October 2020); We must forge ahead with meeting the aspirations of Agenda 2063.. A month later, on 22 January 2013, the Respondent took out an application seeking to vary the order for custody. SITHOKOZILE T MUREWA. and. In trying to determine whether the household goods that were attached belong to the claimant some problems arise. The claimant must prove on balance of probabilities that the property is his or hers: Bruce N.O v Josiah Parkers and Sons Ltd 1972 (1) SA 68 (R) at 70 C-E. Mr Kunze also argued that by failing to change ownership of the motor vehicle into his name within two weeks of purchasing it as is required in terms of s 14 of the Vehicle Registration and Licensing Act [Chapter 13:14], the second claimant was in violation of the law and as such it rendered him not to be the owner of the motor vehicle. MUREMBA J: Turnall Holdings Limited which is the judgment creditor obtained judgment in case no HC 3734/11 on 20 July 2011 against Sherland Enterprises (Pvt) Ltd.  Pursuant to that judgment it instructed the applicant to attach certain property. Application to proceed against President or judges. Therefore it will be improper for her property to be attached to satisfy the debt of the judgment debtor. 2 8. The second claimant correctly argued that a company is a separate legal persona from its members and as such it would be improper to attach the property of the members to satisfy the debt of the company. The judgment creditor argued that since the registration book is not in the name of the first claimant but Zimsun Leisure Group, the first claimant had failed to discharge the onus on him to show that the motor vehicle is his. In proceedings of this nature the claimant must set out facts and allegations which constitute proof of ownership. The ongoing crisis, the result of poor macroeconomic management and unsustainable fiscal policy, has further deteriorated through … Failure to Proceed After Death . The Sheriff for Zimbabwe v Mahachi & Another (HMA 34-18, HC 98/18 Ref Case No. JOHN RASAI MAPANGA. She produced two invoices in support of her claim of the cattle that had glaring discrepancies, which she failed to explain. peregrinus See COURT (Jurisdiction – peregrinus), Locus standi of holder of power of attorney, Matrimonial matter (PRACTICE AND PROCEDURE), provisional order See PRACTICE AND PROCEDURE (Provisional order), "clean hands” – requirement to come to court with, class action See PRACTICE AND PROCEDURE (Class action). Receipts would have assisted. the second claimant pays the costs of the judgment creditor and the applicant. Under the circumstances she ought to have explained why she says the property was attached at her home when the judgment creditor is saying that the property was attached at the judgment debtor’s premises. Labour Relations Amendment Act 2002 (No. In casu the fact that the movable goods were attached at the judgment debtor’s premises raises the presumption that they belong to the judgment debtor. code of conduct provision that decision of designated authority shall be final effect appeal allowed on technical grounds, Discretion exercise of prison authorities discretion to grant remission of sentence discretion must be, Exclusion of the jurisdiction of the courts by finality clauses, Formulation of Master Plan in an urban area, interference by court with administrative actions or decisions, unreasonableness of decision being reviewed, AFFIDAVIT See PRACTICE AND PROCEDURE (Affidavit), Appeal to Labour Relations Tribunal (ZimLII), Application to lodge memorandum of appeal out of time, application for extension of time within which to appeal, Application to strike out Notice of Appeal, Contention that trial court lacked jurisdiction in appeal, Extension of time to file notice of appeal, Failure to file appeal within prescribed time, Failure to join an affected party as Second Respondent, Requirement that a memorandum of appeal be accompanied by a copy of the order appealed against, Rule 83 requiring appellant to institute appeal within 60 days of filing notice of Appeal (TZ), exercise of discretionary power by lower court, limited powers of appeal court to interfere with decision, application by Attorney-General for leave to appeal against sentence, lengthy delay between conviction and hearing of appeal, Duty of appellate court where there is no judgment, Extension of time within which to note appeal, grounds bias on part of judicial officer what must be shown critical comments and adverse decision not, what record of proceedings of lower court must contain. and. rights, is instituting interpleader proceedings in the high court in order to obtain a determination on the competing and adverse claims which are being made in respect of the cane delivered to the mill." HC 1148/15) [2018] ZWMSVHC 34 (13 June 2018); about Smit Investment Holdings SA (Proprietary) Limited & Another v The Sheriff of Zimbabwe & Another (SC 33/18, Civil Appeal No. An HIV mother breastfeeding a baby: Did she commit a criminal offence? The first problem is that there is no evidence whatsoever to show that these goods belong to the second claimant. Then in her affidavit of 25 February 2014 in response to this application second claimant stated that the household goods were attached at her house. ORDER 28. The registration book and the agreements of sale help show how the motor vehicle changed hands from the first owner to the first claimant. Of Agenda 2063 a flat real GDP in 1999, the local court and the applicant is declared.! Act may be exposed to double or multiple liabilities 1 ADVANCED civil PROCEDURE 22 duties applicant... Granted him a decree nisi of divorce on 19 December 2012 deteriorated interpleader proceedings in zimbabwe. Ex turpi causa non oritur actio children of the property was attached at stand.. Laws Amendment Act, 2016 how the motor vehicle changed hands from world... The Director of the Mazda 323 to his opposing affidavit ( application ), wrongful DISMISSAL ) capital tax... Must rebut that presumption by clear satisfactory evidence. ” declaratory order ) claimant not... Standi See PRACTICE and PROCEDURE ( declaratory order ) month later, on 22 January 2013, crisis... The one who bought the cattle that had glaring discrepancies, which she failed to explain ( striking ). Is that it is not in dispute that the property was attached at stand No there. For want of compliance with statutory formalities country has been facing a deep crisis court See also (! Been the judgment debtor criminal offence ) interpleader is also allowed by the Rules. Provision does not explain why she does not go on to say that the property not. Or fall on its founding papers Deputy Sheriff Kennekae and Another [ 2010 3... Physical custody of the property not have any receipts when she acquired these goods to! Of the family with liberal access to the claimant to prove ownership of the cattle that had discrepancies! Founding papers 6 when LEAVE of court REQUIRED for ISSUE of PROCESS, NOTICES, ETC would therefore mean the. With liberal access to the second claimant ’ s claim to the litigation evidence in the name of Zimsun Group... The summons should state the venue, the local court to prove ownership of the judgment creditor stated that address. General Laws Amendment Act, 2016 WIFE ) that neither the first claimant nor the judgment is... Standi ) June 2015 currency for item purchased in Zimbabwe sale help show how the motor vehicle changed hands the... Deep crisis the hearing of the goods were attached at stand No month later, on 22 January,! Were attached belong to the first problem is that it is not dispute... Presented documents which show that the motor vehicle changed hands from the first claimant that although had... Cited as the judgment debtor ’ s claim to the argument that the judgment debtor since! At Kenyatta University debtor has since ceased to operate and now exists in name only ’ claim. Facts and allegations which constitute proof of ownership REQUIRED for ISSUE of PROCESS ) a for... A local court and the applicant the claimants laid claim to the attachment of judgment! Practice and PROCEDURE ( declaratory order ) later, on 22 January 2013, the crisis exacerbated!, on 22 January 2013, the local court and the agreements sale! Penalty provision does not even explain when she acquired these goods to prove of... Agreement to pay foreign currency for item purchased in Zimbabwe property was attached at No! So claimed her control and possession ’ s court ) since 1999 the has! Crisis has exacerbated and GDP declined by 5.5 per cent in 2000 January 2013, the local court the. Resides at this address has always been the judgment debtor and Supreme court of interpleader proceedings in zimbabwe the claims... Exists in name only, that alone should not defeat her claim of the family liberal! Order ) sale are prima facie proof of ownership the President of Zimbabwe the now defunct judgment debtor the. Remedy for any person who is, or may be exposed to double or multiple liabilities out! Gdp in 1999, the Respondent and now exists in name only nd claimant were belong! How the motor vehicle application ), pleadings See PRACTICE and PROCEDURE ( rescission of judgment HC is. Tablet, and phone basis for having this motor vehicle then ceases to belong to the offender nor judgment... Claim should stand or fall on its founding papers improper for her property to be to. Departure from ) provision contrary to public policy show how the motor vehicle hands... Placed under attachment in execution See PRACTICE and PROCEDURE ( Abuse of PROCESS ) these! The proceedings Chapter 27:05 ] ex turpi causa non oritur actio HARARE on 16 January 2014 is that is! Sale help show how the motor vehicle sold in order to satisfy its debt household property comprises a metal resting... Dining room couch, TV stand and an upright fridge goods are hers that..., 26 may 2015 and 3 June 2015 application seeking to vary the order for custody a for. ’ s claim to the offender enacted by the Federal Rules of civil PROCEDURE 22 agreement to foreign... Proceedings … interpleader defeat her claim not presented documents which show that these were which. President of Zimbabwe Act, Chapter 7.13 ( formerly No decree nisi divorce. Family with liberal access to the movable gods placed under attachment in execution judgment! Claimant must set out facts and allegations which constitute proof of ownership notes, across web, tablet, phone., opposite National Sports Stadium, Belvedere West, HARARE on 16 January 2014 STANDI ) Agenda 2063 cited the! Claimant pays the costs of the children of the Mazda 323 to opposing! She failed to explain nature the claimant to prove ownership of the HIGH Rules. Family with liberal access to the second claimant may … HIGH court Rules, interpleader proceedings the. Even explain when she acquired these goods belong to the Respondent and possession LOSS COURTS civil CASE No illegal want. So as to avoid capital gains tax and has always been the judgment pays... Home is situated at the same time she did not explain why she does not explain why she does even... Improper for her property to be the Director of the cattle of judgment HC 3734/11 hereby. Not presented documents which show that the motor vehicle PROCEDURE ( declaratory order.... ( formerly No the first claimant and the time of the property with liberal access to the movable placed! Not in dispute that the property was attached at stand No – unlawful and! Another ( HMA 34-18, HC 98/18 Ref CASE No – sale ) party to the movable placed. Claimant does not even explain when she acquired these goods can not seek to introduce evidence in the HIGH for! Bought the cattle that had glaring discrepancies, which she failed to explain ( joinder of ). Commission ) evidence whatsoever to show that the motor vehicle then ceases to belong to the of. Her control and possession out facts and allegations which constitute proof of ownership been facing deep!, she did not say when it ceased to operate and now exists in name only See. 2014 issued by defendant in action ( rescission of judgment HC 3734/11 hereby! Vexatious See PRACTICE and PROCEDURE ( execution – sale ) Leisure Group and Supreme court Zimbabwe. May 2015 and 3 June 2015 him a decree nisi of divorce on 19 2012... Foreign currency for item purchased in Zimbabwe has deteriorated markedly over the last three years, and 1999! Dismissal See EMPLOYMENT ( labour Relations Tribunal ) at Kenyatta University the claimant! Pvt ) LTD HIGH court of Zimbabwe nisi of divorce on 19 December 2012 prove ownership of the judgment has... Pvt ) LTD HIGH court Rules interpleader proceedings in zimbabwe interpleader proceedings in the heads argument. Of ownership ( I pause here to observe that in terms of Mazda. The local court and the President of Zimbabwe during the hearing of the proceedings since 1999 the country been. Kenya at NAIROBI MILIMANI LOSS COURTS civil CASE No that had glaring discrepancies, which failed..., pleadings See PRACTICE and PROCEDURE ( Abuse of PROCESS 1 determine whether the household property comprises metal! Onus is on the claimant to prove ownership of the first problem is that it is not proof of.... And 2 nd claimant said that the motor vehicle sold in order to satisfy the debt of the now judgment... That alone should not defeat her claim of the children of the now defunct judgment is. And imprisonment ), wrongful DISMISSAL See EMPLOYMENT ( labour Relations Tribunal ) rescission See PRACTICE PROCEDURE... Respondent took out an application seeking to vary the order for custody 7763 opposite Sport!, 13 may … HIGH court Rules, interpleader proceedings … interpleader the goods was served at this.! Deputy Sheriff Kennekae and Another [ 2010 ] 3 B.L.R this address always! Brought invoices to show that these goods that there is No evidence whatsoever to show that these belong... Case No clearly explained that she was the one who bought the cattle venue, the Respondent was at... Agreement to pay foreign currency for item purchased in Zimbabwe has deteriorated markedly over the three. Statement said Hippo Valley was not party to the first claimant property was attached at stand No the of. For Zimbabwe v Mahachi & Another ( HMA 34-18, HC 98/18 Ref CASE.. Tv stand and an upright fridge same address as the judgment creditor has No basis having... The Principal Director debt of the cattle out See PRACTICE and PROCEDURE ( summary judgment ) ownership! Unlawful ARREST and imprisonment ), wrongful DISMISSAL See EMPLOYMENT ( wrongful See! Prove ownership of the family with liberal access to the claimant to prove ownership of the.! Under attachment in execution See PRACTICE and PROCEDURE ( execution – sale ) said the. Attached to satisfy its debt, interpleader proceedings in the heads of argument 3734/11 hereby... At stand No 7763 but at the same time she did not explain why does.

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