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. Application of order. 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? domestic remedies not exhausted (Application), pleadings See PRACTICE AND PROCEDURE (Pleadings – application proceedings). The court was left wondering whether or not her home is situated at the same address as the judgment debtor. 28/1981) Supreme Court Rules, RGN. 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. 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. When process may be served. 10. 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. The court may, in and for the purpose of any interpleader proceedings, make – (a) all such orders as to any additional expenses of execution occasioned by the claim as it thinks just; and (b) such order as it thinks just as to the payment of costs incurred by the applicant. The procedures for a Statutory Interpleader action are governed by the Federal Rules of Civil Procedure. The first claimant’s claim to the attachment in execution of judgment HC 3734/11 is hereby granted. Rule 22(b). 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. In trying to determine whether the household goods that were attached belong to the claimant some problems arise. In the absence of an explanation of the relationship between the second claimant’s home and the judgment debtor’s business premises it cannot be said that the second claimant managed to show that the property was attached at her home and not at the judgment debtor’s. She clearly explained that she used to be the director of the now defunct judgment debtor. 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 . 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. CIVIL IMPRISONMENT. Get Textbooks on Google Play. R. Kunze, for the judgment creditor . The ongoing crisis, the result of poor macroeconomic management and unsustainable fiscal policy, has further deteriorated through … (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. Irked by the attachment the claimant caused the applicant to institute interpleader proceeding on the basis that the property attached by the Sheriff belonged to her and not the defendants that is the judgment debtors. A claim should stand or fall on its founding papers. Children’s court See COURT (Children’s court). 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. Frivolous and vexatious See PRACTICE AND PROCEDURE (Abuse of process). A registration book on its own is not proof of legal ownership. Labour Court See also EMPLOYMENT (Labour Relations Tribunal). Chissano Takes the Baton. ORDER 28. 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. 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. The summons should state the venue, the local court and the time of the proceedings. 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? DECEASED ESTATE See ADMINISTRATION OF ESTATES. Receipts would have assisted. We must forge ahead with meeting the aspirations of Agenda 2063.. Impossibility. 211. and. 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.. 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. duty to disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence, Bank allowing customer to draw against uncleared effects, Party not blamed in any way by judgment (BILL OF COSTS), Procedure and practice of the High Court in enforcing the constitutional bill of rights, BILLS OF EXCHANGE AND NEGOTIABLE INSTRUMENTS, BIRTHS AND DEATHS See also FAMILY LAW (Child birth registration), Matters exclusively ecumenical or ecclesiastical in nature, CITIZENSHIP See also CONSTITUTIONAL LAW (Citizenship), CIVIL PROCEDURE See PRACTICE AND PROCEDURE, Proceedings by and against a close corporation, Administrative justice (See Constitutional law — Fundamental rights — Administrative justice), Attorney-General (Constitutional Law) See also CRIMINAL PROCEDURE. Since its inception this Journal has had an Editorial Board consisting of editors from the Faculty of Law at the University of, Using religion to sexually exploit young female parishioners Case note on the Gumbura rape cases - By Geoff Feltoe, When Culture Clashes with the Criminal Law Case note on S v Hamunakwadi 2015 (1) ZLR 392 (H); S v Musino HH-158-17 and S v Taurayi HH-298-90 By Geoff Feltoe, Aligning the Administrative Justice Act with the Constitution, Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe, SELECTED ASPECTS OF THE 2013 ZIMBABWEAN CONSTITUTION AND THE DECLARATION OF RIGHTS, African Customary Law, Customs, and Women's Rights - Muna Ndulo, A GUIDE TO ADMINISTRATIVE AND LOCAL GOVERNMENT LAW IN ZIMBABWE, Commentary on the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Attorney-General (LEGAL PRACTITIONER) See also CRIMINAL PROCEDURE (Attorney-General). Provisions of Order 32 to apply. Actions for Possession of Land . P Chakanyuka, for the claimant. Defamation: protecting reputation or suppressing media freedom? In Salomon v Salomon & Co Ltd [1897] AC 22 (HL) and Dadoo Ltd and others v Krugersdorp Municipal Council 1920 AD 530 at 550 the same principle that a company is a separate entity distinct from its members was enunciated. 7763 but at the same time she did not explain whether or not she also resides at this address. and. See the case of In an interpleader application the law is settled. During the hearing of the civil matter, Mrs Kunonga brought invoices to show that she was the one who bought the cattle. 3. During the hearing of the civil matter, Mrs Kunonga brought invoices to show that she was the one who bought the cattle. Affidavit by applicant. This is even endorsed on registration books. INTERPLEADER. 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); Smit Investment Holdings SA (Proprietary) Limited & Another v The Sheriff of Zimbabwe & Another (SC 33/18, Civil Appeal No. HIGH COURT OF ZIMBABWE. It would therefore mean that the judgment creditor has no basis for having this motor vehicle sold in order to satisfy its debt. 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. Following a flat real GDP in 1999, the crisis has exacerbated and GDP declined by 5.5 per cent in 2000. 207. 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. MUREMBA J: Turnall Holdings Limited which is the judgment creditor obtained judgment in case no HC 3734/11 on 20 July 2011 against Sherland … Representation of Stools and Families . urgent See PRACTICE AND PROCEDURE (Urgent application), withdrawal by applicant after set down (Application), Attachment – to found or confirm jurisdiction, opposed application set down as unopposed, class action may only be brought in High Court, condonation of non-observance of any time limit, late appearance of entry to defend default judgment, not a decision on the merits (Default judgment), matter pending in Labour Relations Tribunal, documents in possession of third party (Discovery), information in possession of third party regarding wrongdoing (Discovery), Dispute of facts (PRACTICE AND PROCEDURE), exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi, Deputy Sheriff’s entitlement to commission. 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. 5. Dwinchi Woodtech Botswana and Another v Deputy Sheriff Kennekae and Another [2010] 3 B.L.R. 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. 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