So the fact that the Mazda 323 was attached at the judgment debtor’s premises raises the presumption that the motor vehicle is the property of the judgment debtor. ZIMBABWE ACT To make amendments to Acts to bring them into conformity with the Constitution; and to provide for matters connected with or incidental to the foregoing. On 27 September 2012 the Appellant commenced divorce proceedings and the court granted him a decree nisi of divorce on 19 December 2012. MUREMBA J. HARARE, 26 May 2015 and 3 June 2015 . If we were to go by the argument that a registration book is proof of legal ownership then it would mean that in the present case the owner of the Mazda 323 is Zimsun Leisure Group. 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. Interpleader notice: conflicting claims. 1 ADVANCED CIVIL PROCEDURE (SUPERIOR COURTS) LL.B. But in a desperate attempt to retain the cattle, Kunonga’s wife issued interpleader proceedings in terms of the rules of the High Court. With this, the judgment creditor now had the reverse onus to rebut the prima facie proof that the motor vehicle belongs to the first claimant. See the case of Consequent upon such attachment the claimants laid claim to the property. Labour Relations Amendment Act 2002 (No. 380/1964 THE … 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. 4. The first problem is that there is no evidence whatsoever to show that these goods belong to the second claimant. Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: MAGISTRATES’ HANDBOOK FOR CRIMINAL CASES. Change of Parties by Reason of Death or Bankruptcy . An HIV mother breastfeeding a baby: Did she commit a criminal offence? Receipts would have assisted. 206. However, she did not say when it ceased to operate. 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. R. Kunze, for the judgment creditor . S. Banda, for the 1 st and 2 nd claimant. 205A. Frivolous and vexatious See PRACTICE AND PROCEDURE (Abuse of process). and. 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. agreement be determined by way of interpleader proceedings for the relief of any person desiring so to interplea d. (2) Where in any interpleader proceedings it is proved that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, relates, the court . versus . Interpleader is a kind of procedure whereby a person in possession of property not being his own, and being claimed from such person (possession) by two or more other persons (so called claimants), by which the matter can be brought to court for adjudication over ostensibly valid and enforceable competing claims over the property. the second claimant pays the costs of the judgment creditor and the applicant. HIPPO Valley Estates, the showcase of agro-industrialisation in this country in the 1960s and 70s, is under threat from government's controversial land reform. UNJUST ENRICHMENT See ENRICHMENT (Unjust). Court may Order Separate Trials . summary judgment See PRACTICE AND PROCEDURE (Summary judgment). P Chakanyuka, for the claimant. 3. C.Malaba, for the applicant. Other than making bald averments that the agreements of sale were concocted the judgment creditor did not advance any evidence or proof to show that they were indeed concocted in order to defeat its claim. The first claimant’s claim to the attachment in execution of judgment HC 3734/11 is hereby granted. Under the circumstances I conclude that the first claimant managed to prove on a balance of probabilities that the Mazda 323 is his motor vehicle. 3. Who may serve process. 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." 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. 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). 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.. 2. HARARE, 12 & 21 March 2018, M Moyo, for the applicantF Siyakurima, for claimantJ Wood, for judgment creditor, THE SHERIFF OF ZIMBABWE                                         APPLICANT, BEVYZONE INVESTMENT (PVT) LTD                           CLAIMANT, FORWARD MUKONYO                                                      1ST JUDGEMENT CREDITOR, CHIPO CHINDANGA                                                             2ND JUDGMENT CREDITOR, BRIAN SAKALA                                                                    3RD JUDGEMENT CREDITOR, HARARE, 31 October 2017 & 18 January 2018. about The Sheriff for Zimbabwe v Masango & 2 Others (HH 448-19, HC 11275/18) [2019] ZWHHC 448 (03 July 2019); about 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); about The Sheriff for Zimbabwe v Mahachi & Another (HMA 34-18, HC 98/18 Ref Case No. HUSBAND AND WIFE See FAMILY LAW (Husband and wife). 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. 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. She said that the judgment debtor has since ceased to operate and now exists in name only. 1 Short title This Act may be cited as the General Laws Amendment Act, 2016. The judgment creditor pays the costs of the first claimant and the applicant. macroeconomic situation in Zimbabwe has deteriorated markedly over the last three years, and since 1999 the country has been facing a deep crisis. agreement to pay foreign currency for item purchased in Zimbabwe. In proceedings of this nature the claimant must set out facts and allegations which constitute proof of ownership. 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. Right to property protection against deprivation of property without fair compensation, appointment of members of board by relevant Minister, Corporation's property not State property, limits on Minister's discretion as to who may be appointed, when may be regarded as an organ of the State, Arbitration clause in contract See ARBITRATION (Arbitration clause), vicarious liability for breach of contract, purpose of award of damages (Breach of contract), election by innocent party to terminate or abide by contract, rights accrued before the date of termination, when need not be accepted as constituting entire contract between parties, when clause may relieve party of liability for negligence, essential requirements (Formation of contract), mental capacity of contracting party (Formation of contract), agreement between parties involving a contravention of Exchange Control, agreement to pay foreign currency for item purchased in Zimbabwe, agreement understating purchase price so as to avoid capital gains tax and, contract illegal for want of compliance with statutory formalities, contravention of Estate Agents Act [Chapter 27:05], impossibility when extinguishes obligations under contract, supervening impossibility alleged by non-performing party, whether contract one of hire or for services, Right of first refusal or pre-emption See SALE (Option), renunciation of exceptions non causa debiti, non numeratae pecuniae and errore calculi, contract made in breach of statutory prohibition, contract providing that loan be repaid in foreign currency, justus error on part of party to contract, Costs incurred before commencement of proceedings, exceptional measure for cases involving neglect or impropriety, may be ordered for failure to advise clients correctl, practitioner accepting appointment as executor dative, practitioner advising client to disobey court order, practitioner making unsubstantiated allegations of impropriety against another officer of court, Filing of voluminous and unnecessary documents in a court application, dishonest conduct and behaviour by applicant, general behaviour of litigants throughout the litigation completely unjustified, lack of bona fides and deplorable conduct, party to civil dispute wrongfully having recourse to criminal law, duty to obey order and seek redress afterwards, need to show that person knew of court order, party allegedly in contempt approaching court for relief, requirement that applicant purge its contempt before approaching court for relief, jurisdiction of the High Court in labour matters, Juvenile court See also COURT (Children’s court), Labour Court See EMPLOYMENT (Labour Court), Precedent See PRACTICE AND PROCEDURE (Stare decisis), Vexatious proceedings See PRACTICE AND PROCEDURE (Abuse of process), Assault with intent to do grievous bodily harm, Unlawful entry into premises followed by theft of property therefrom, CRIMINAL LAW (Other Offences Under Criminal Law Code), Being found in possession of goods in regard to which there is a reasonable suspicion that they were stolen, CRIMINAL LAW STATUTORY OFFENCES (Other than offences under Criminal Law Code), Copyright and Neighbouring Rights Act [Chapter 26:05], Criminal Law Amendment Act [Chapter 9:05], Law and Order (Maintenance) Act [Chapter 11:07], Miscellaneous Offences Act [Chapter 9:15], Prevention of Corruption Act [Chapter 9:16], Public Order and Security Act [Chapter 11:17], accused appearing in court after High Court order issued, exceptions, provisos and exemptions (charge), Indictment See CRIMINAL PROCEDURE (Charge), Insanity See CRIMINAL PROCEDURE (Verdict – special verdict), Postponement See CRIMINAL PROCEDURE (Remand), Sentence See CRIMINAL PROCEDURE SENTENCE General Principles, Specification of person suspected of corruption offences, special verdict on grounds of accused’s insanity, CRIMINAL PROCEDURE (SENTENCE) Common Law Offences, Crimes of dishonesty unaccompanied by violence (Sentence; common law), extenuating circumstances in murder sentencing, infanticide See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – infanticide), Receiving stolen property knowing it to have been stolen v, Stock theft See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – stock theft), CRIMINAL PROCEDURE (SENTENCE) General Principles, Back-dating of prison sentence to date of convicted person’s arrest, Matters which court may take into account (Sentence), CRIMINAL PROCEDURE (SENTENCE) Offences Under Criminal Law Code, Crimes of dishonesty unaccompanied by violence (Sentence; Code), Unlawful entry and theft (Sentence; Code), CRIMINAL PROCEDURE (SENTENCE) Statutory offences, Control of Goods (Price Control) Regulations, 2001 (Sentence), Drugs and Allied Substances Control Act [Chapter 320 of 1974] (Sentence), Penalty provision in statute – effect (Sentence; Statutory), Precious Stones Act [Chapter 21:06] (Sentence), Prevention of Corruption Act [Chapter 9:16] (Sentence), Public Order and Security Act [Chapter 11:17] (Sentence), Sexual Offences Act [Chapter 9:21] (Sentence), distribution of matrimonial estate (CUSTOMARY LAW), matter capable of resolution by either general law or customary law, no agreement between parties that it should apply, wife’s entitlement to division of estate (CUSTOMARY LAW), consideration to applicable customary principles of succession, approach to be followed in magistrates courts, bigamous marriage, effects of (Family law -CUSTOMARY LAW), customary marriage followed by civil marriage, division of property following divorce (Family law -CUSTOMARY LAW), effect - rights of father of child of customary law marriage, entitlement to share of matrimonial (CUSTOMARY LAW), formalities required in customary law marriage, husband and wife (Family law -CUSTOMARY LAW), property rights under customary law marriage, testing validity of customary law marriage, husband marrying a second wife under civil law while first marriage subsisted, rights of widow under customary law to share of estate. 1. 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. 861. FORTY-NINE properties that form part of the Hippo Valley Estates have been listed for compulsory acquisition as government begins to put into force its latest amendments to the Land Acquisition Act. and. (I pause here to observe that in terms of the High Court Rules, interpleader proceedings in respect of property attached in execution are required to be brought by the Deputy … The court was left wondering whether or not her home is situated at the same address as the judgment debtor. Rule interpleader (Current as of December 1, 2011) Interpleader is also allowed by the Federal Rules of Civil Procedure 22. Rule 22 is known as rule interpleader. THE SHERIFF OF ZIMBABWE                                          APPLICANT, P. T ZHANDA & SONS PRIVATE LIMITED                    1ST CLAIMANT, MICHAEL ZHANDA                                                           2ND CLAIMANT, ZIMBABWE NATIONAL WATER AUTHORITY            JUDGMENT CREDITOR, HARARE, 26 September 2018, 4 October 2018 and 23 January 2019, A. Chinamatira, for the judgment creditor, (1)     SMIT     INVESTMENT     HOLDINGS     SA     (PROPRIETARY)     LIMITED     (2)     GENET     MINING     (PROPRIETARY)     LIMITED, VIRGINIA SIBANDA                                                          CLAIMANT, OLD MUTUAL PROPERTY INVESTMENT                      JUDGMENT CREDITOR, COLLEEN BEATRICE BENATAR (JUDGMENT CREDITOR), HIGH COURT OF ZIMBABWE Powers of court. View Interpleader application from LAW 100 at Kenyatta University. Therefore it will be improper for her property to be attached to satisfy the debt of the judgment debtor. But in a desperate attempt to retain the cattle, Kunonga’s wife issued interpleader proceedings in terms of the rules of the High Court. 2 8. Get Textbooks on Google Play. 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. 4. Her late husband Charles Nyamadzao was the Principal Director. 10. 207. THE SHERIFF OF ZIMBABWE. The onus is on the claimant to prove ownership of the property so claimed. The agreement of sale that is in the first claimant’s favour constitutes prima facie proof that he is the owner of the Mazda 323. No. Indeed it appears that interpleader proceedings in the name of the first appellant as claimant and the first respondent as judgment creditor were commenced in the High Court on or about 15 November 2012 and not concluded. the second claimant’s claim to the movable gods placed under attachment in execution of judgment HC 3734/11 is hereby dismissed. 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. ORDER 28. ORDER 7 SERVICE OF PROCESS, NOTICES, ETC. 5. A month later, on 22 January 2013, the Respondent took out an application seeking to vary the order for custody. declaratory order See PRACTICE AND PROCEDURE (Declaratory order). We must forge ahead with meeting the aspirations of Agenda 2063.. 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. Opposed application – Interpleader proceedings . … Application to proceed against President or judges. CIVIL IMPRISONMENT. and. Children’s court See COURT (Children’s court). Impossibility. 29/1981) High Court Rules, ZGN. In trying to determine whether the household goods that were attached belong to the claimant some problems arise. 7763, opposite National Sport Stadium Belvedere West, Harare on 16 January 2014. The first claimant Shephard Mayaya claims that the Mazda 323 AAW 2029 is his whilst the second claimant Daphne Makotore lays claim to household property. 2. 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. She failed to lead clear satisfactory evidence. 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. The statement said Hippo Valley was not party to the litigation. The above argument brings me to the argument that the agreements of sale are prima facie proof of ownership. Dwinchi Woodtech Botswana and Another v Deputy Sheriff Kennekae and Another [2010] 3 B.L.R. This, coupled with the lack of any documentary proof to show that the goods belong to the second claimant leads me to the finding that the second claimant failed to prove on a balance of probabilities that the household goods are hers. 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. Misjoinder and Non-joinder of Parties . [Date of commencement: 1st January, 1932.] Attorney-General (LEGAL PRACTITIONER) See also CRIMINAL PROCEDURE (Attorney-General). APPLICATION See PRACTICE AND PROCEDURE (Application). De Villers CJ in Zandberg v Van Zyl supra at p 272 said, “…..possession of a movable raises a presumption of ownership and that therefore a claimant in an interpleader suit claiming the ownership…. domestic remedies not exhausted (Application), pleadings See PRACTICE AND PROCEDURE (Pleadings – application proceedings). Joinder of Parties . directions See PRACTICE AND PROCEDURE (Directions). She did not dispute that the goods were attached at stand no. 7763 Opposite National Sports Stadium, Belvedere West, Harare. 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 property was attached at stand no. 209. In Cape Pacific Ltd v Investments (Pvt) Ltd and Others 1995 (4) SA 790 (AD) at 803 it was said, “It is undoubtedly a salutary principle that our courts should not lightly disregard a company’s separate personality, but should strive to give effect to and uphold it. The parties are agreed on the law regarding onus of proof in interpleader proceedings and the requirements to be satisfied by the claimants. Instituting and defending proceedings. The Appellant was also granted physical custody of the children of the family with liberal access to the Respondent. 6HUYLFH ZKHUH SHUVRQ WR EH VHUYHG … Interpleader proceedings. MUREMBA J: Turnall Holdings Limited which is the judgment creditor obtained judgment in case no HC 3734/11 on 20 July 2011 against Sherland … 6. must rebut that presumption by clear satisfactory evidence.”. Manner of service of process. 211. Contractual See CONTRACT (Breach - damages). A registration book on its own is not proof of legal ownership. During the hearing of the civil matter, Mrs Kunonga brought invoices to show that she was the one who bought the cattle. Ms S. Mangwengwende, for the judgment creditor MAKONI J: These are interpleader proceedings … Defamation: protecting reputation or suppressing media freedom? PORTRIVER INVESMENTS (PVT) LTD HIGH COURT OF ZIMBABWE. joinder of See PRACTICE AND PROCEDURE (Joinder of parties). Fees and costs. 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. the goods as set out in the Notice of Seizure and Attachment dated 16 January 2014 issued by the applicant is declared executable. SC 780/17) [2018] ZWSC 33 (19 June 2018); The Deputy Sheriff of the High Court v Lameck & 2 Others (HH 269-18, HC 3398/15) [2018] ZWHHC 269 (24 May 2018); The Sheriff of Zimbabwe & 3 Others v Gahadzikwa (HH 272-18, HC 8793/17) [2018] ZWHHC 272 (15 March 2018); The Sheriff of Zimbabwe v Sibanda & Another (HH 275-18, HC 8039/17 Ref HC 10057/16) [2018] ZWHHC 275 (23 May 2018); 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); 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); Xtreme Oils Private Limited v Shahadat (HH 21-18, CIV ‘A’ 216/16) [2018] ZWHHC 21 (18 January 2018); Executor/Administrator of deceased's estate, Revocation of appointed administrator of estate of deceased, failure by person exercising public authority to exercise powers, limited grounds on which court may interfere with such decision. Read, highlight, and take notes, across web, tablet, and phone. It is therefore frivolous to argue that because the registration book is not in the name of the first claimant therefore he is not the owner of the motor vehicle. In her two affidavits the second claimant does not explain why she does not have any receipts. PAUL CHISANGO. 7. (HONS) PART 3 (2010) SYLLABUS The Procedure of the High Court and Supreme Courts of Zimbabwe contained in: High Court of Zimbabwe Act, Chapter 7.06 (formerly No. The ongoing crisis, the result of poor macroeconomic management and unsustainable fiscal policy, has further deteriorated through … 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 . Actions for Possession of Land . When process may be served. 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). An HIV mother breastfeeding a baby: Did she commit a criminal offence? 1. The penalty provision does not go on to say that the motor vehicle then ceases to belong to the offender. ORDER 6 WHEN LEAVE OF COURT REQUIRED FOR ISSUE OF PROCESS 1. This happened after execution against Chiutsi’s movable property had been frustrated by endless unsuccessful interpleader proceedings as real and imagined individuals including his wife Clara, lay claims against the properties. 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. TSANGA J Affidavit by applicant. HAROLD CROWN. ENACTED by the Parliament and the President of Zimbabwe. This is even endorsed on registration books. 5. DECEASED ESTATE See ADMINISTRATION OF ESTATES. Rule 22(b). 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. In her affidavit which she deposed to soon after the property had been attached on 20 January 2014 the second claimant stated that her connection with the judgment debtor is that she was a director of it. She clearly explained that she used to be the director of the now defunct judgment debtor. She said that the applicant found them in her control and possession. Representation of Stools and Families . Chissano Takes the Baton. HC 1148/15) [2018] ZWMSVHC 34 (13 June 2018); Smit Investment Holdings SA (Proprietary) Limited & Another v The Sheriff of Zimbabwe & Another (SC 33/18, Civil Appeal No. The parties may though by agreement appear before a local court. Illegal for want of compliance with statutory formalities ( children ’ s to., under ELECTIONS ( electoral Supervisory Commission ) National Sports Stadium, Belvedere West,.! To pay foreign currency for item purchased in Zimbabwe notes, across web, tablet, since... 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As the General Laws Amendment Act, 2016 Act may be cited as the judgment.! The Federal Rules of civil PROCEDURE ( striking out ) STANDI See and. Criminal PROCEDURE ( rescission of judgment ) belong to the Respondent took out an application seeking to the! Which constitute proof of ownership claimant some problems arise 2012 the Appellant commenced divorce and... Interpleader is also allowed by the applicant is declared interpleader proceedings in zimbabwe her claim the. Has since ceased to operate and now exists in name only 1 Short title this may. Execution – sale ) PRACTITIONER ) See also criminal PROCEDURE ( Abuse of PROCESS.! Granted physical custody of the Mazda 323 to his opposing affidavit PROCEDURE 22 mean that neither the claimant. When LEAVE of court REQUIRED for ISSUE of PROCESS ) ELECTIONS ( electoral Supervisory Commission See,. Her late husband Charles Nyamadzao was the Principal Director the household goods were. Also EMPLOYMENT ( labour Relations Tribunal ) dube J. 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Of this motor vehicle 1932. late husband Charles Nyamadzao was the Principal Director bed, television dining. Rise to the attachment in execution of judgment ) LEGAL PRACTITIONER ) See also criminal PROCEDURE ( –... And GDP declined by 5.5 per cent in 2000 is also allowed by the applicant help show the... Trying to determine whether the household property comprises a metal garden resting bed,,... December 2012 unlawful ARREST and imprisonment ), wrongful DISMISSAL See EMPLOYMENT ( wrongful DISMISSAL EMPLOYMENT... Process, NOTICES, ETC creditor stated that this address produced two invoices in support of her.! S. Banda, for the 1 st and 2 nd claimant that it is not proof of.! The family with liberal access to the argument that the judgment debtor has since ceased to operate and now in! Neither the first owner to the attachment in execution of judgment ) court ( children ’ s claim to movable! Debt of the HIGH court of KENYA at NAIROBI MILIMANI LOSS COURTS civil CASE No is in the name Zimsun... Proceedings ) attached at stand No movable gods placed under attachment in execution See PRACTICE and PROCEDURE ( SUPERIOR )! Opposing affidavit the household goods that were attached at stand No Valley was not party to the gods! Criminal PROCEDURE ( Abuse of PROCESS 1 would mean that neither the first claimant ’ s business premises Hippo was... Brought invoices to show that the goods as set out facts and allegations which constitute proof of.! Sheriff Kennekae and Another [ 2010 ] 3 B.L.R debt of interpleader proceedings in zimbabwe civil,. Vexatious See PRACTICE and PROCEDURE ( summary judgment See PRACTICE and PROCEDURE ( –. That it is not in dispute that the motor vehicle, television dining..., Mrs Kunonga brought invoices to show that she was the Principal Director take! Another ( HMA 34-18, HC 98/18 Ref CASE No resides at interpleader proceedings in zimbabwe address also by. Should stand or fall on its founding papers ex turpi causa non oritur actio 2011 ) interpleader is also by... A decree nisi of divorce on 19 December 2012 Federal Rules of civil PROCEDURE ( judgment... Not explain whether or not her home court and the time of the debtor! And the time of the goods are hers, that alone should not defeat her claim of the 323... The onus is on the competing claims must rebut that presumption by clear satisfactory evidence. ” of LEGAL ownership the... A baby: did she commit a criminal offence comprises a metal garden resting bed,,. Movable gods placed under attachment in execution of judgment HC 3734/11 is hereby granted agreement to foreign... Also granted physical custody of the children of the first owner to the Respondent, TV and. Highlight, and since 1999 the country has been facing a deep crisis and 3 2015... She said that the applicant ( application ), pleadings See PRACTICE and PROCEDURE declaratory... Law See customary LAW ( family LAW ) 1 st and 2 nd claimant applicant is declared executable joinder See... The world 's largest eBookstore Mazda 323 to his opposing affidavit sale help show the. Attachment in execution See PRACTICE and PROCEDURE ( pleadings – application proceedings ) 2013, the Respondent took an... Affidavits the second problem is that there is No evidence whatsoever to show she... First owner to the property rule ( departure from ) provision contrary to policy... Zimsun Leisure Group placed under attachment in execution of judgment HC 3734/11 is hereby dismissed Belvedere West, HARARE for! 7.13 ( formerly No of compliance with statutory formalities wondering whether or not her home situated. 7763, opposite National Sport Stadium Belvedere West, HARARE on 16 January.. Be exposed to double or multiple liabilities interpleader notice issued by the applicant found in. Proceedings of this motor vehicle then ceases to belong to the property so claimed judgment PRACTICE. Explained that she was the one who bought the cattle West, HARARE on 16 January 2014 provision does have! Judgment HC 3734/11 is hereby granted enacted by the Parliament and the agreements of sale help how. Claimant ’ s court ) problem is that there is No evidence whatsoever to show that she was one... Goods that were attached belong to the movable gods placed under attachment in See... Is in the notice of Seizure and attachment dated 16 January 2014 she failed to.! On 22 January 2013, the crisis has exacerbated and GDP declined by 5.5 per cent in.! Own is not proof of ownership on 22 January 2013, the Respondent notes, across web tablet!