African Century Limited v McDowells International (Private) Limited (under Judicial Management) and Blessing Mashangwa

HH 839-17

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Case Details

Court

Harare High Court

Date

18 December 2017

Citation

HH 839-17

Neutral Citation

[2017] ZWHH 839

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Zhou J

Full Bench

Zhou J

Areas of Law

Commercial LawCivil Procedure

Keywords

Trust orderJudgment debtWrit of executionAttachment of debt

Key Issues

{"issue_text":"Whether the court can grant a trust order when the judgment debt amount is unclear from the papers","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting debt amounts in writ of execution and applicant's affidavit"}

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background

Facts of the Case

Background

The applicant sought an order that the first respondent holds money in trust for the second respondent, claiming it had an unsatisfied judgment debt against the second respondent. The application was meant to be temporary pending a separate attachment application. However, the court found the judgment debt amount was unclear from the papers.

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