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Supreme Court
City of Harare v Richard Chitambo & Sheriff of Zimbabwe
SC 43/20
Case Details
Court
Supreme Court
Date
24 July 2018
Citation
SC 43/20
Neutral Citation
[2020] ZWSC 43
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GOWORA JA
Full Bench
GOWORA JAGUVAVA JABERE JA
Areas of Law
Property lawCivil procedureCompany law
Keywords
Attachment in executionInterpleaderCorporate veilWrit of executionDeed of transfer
Tags
Interpleader proceedingsExecutionCorporate veilAttachment of property
legislation
Statutes Cited
- Human Rights Act 1998
- European Convention on Human Rights
- Immigration and Asylum Act 1999
- Nationality, Immigration and Asylum Act 2002
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
- Immigration, Asylum and Nationality Act 2006
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Tribunals, Courts and Enforcement Act 2007
- Constitutional Reform Act 2005
- Senior Courts Act 1981
- Supreme Court Act 1981
- Access to Justice Act 1999
- Courts and Legal Services Act 1990
- Children Act 1989
- Children Act 2004
- Education Act 2002
- School Standards and Framework Act 1998
- Equality Act 2006
- Equality Act 2010
- Race Relations Act 1976
- Sex Discrimination Act 1975
- Disability Discrimination Act 1995
- Employment Rights Act 1996
- Employment Act 2002
- National Minimum Wage Act 1998
- Working Time Regulations 1998
- Social Security Contributions and Benefits Act 1992
- Social Security Act 1998
- Welfare Reform Act 2007
- Welfare Reform Act 2012
- Pensions Act 1995
- Pensions Act 2004
- Pensions Act 2007
- Pensions Act 2008
- Housing Act 1996
- Housing Act 2004
- Homelessness Act 2002
- Local Government Act 1972
- Local Government Act 2000
- Localism Act 2011
- Police and Criminal Evidence Act 1984
- Police Act 1996
- Police Reform Act 2002
- Serious Organised Crime and Police Act 2005
- Terrorism Act 2000
- Terrorism Act 2006
- Prevention of Terrorism Act 2005
- Criminal Justice Act 2003
- Criminal Justice and Immigration Act 2008
- Coroners and Justice Act 2009
- Legal Services Act 2007
- Data Protection Act 1998
- Freedom of Information Act 2000
- Regulation of Investigatory Powers Act 2000
- Investigatory Powers Act 2016
- Immigration and Asylum (Appeals) Regulations 2003
- Asylum Support Regulations 2000
- Immigration (European Economic Area) Regulations 2006
- Immigration (Leave to Enter and Remain) Order 2000
- Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
- Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005
- Tribunal Procedure (Upper Tribunal) Rules 2008
- Civil Procedure Rules 1998
- Family Procedure Rules 2010
- Criminal Procedure Rules 2010
- Supreme Court Rules 2009
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Sheriff exceeded his mandate by attaching property not described in the writ of execution","issue_type":"procedural","dispositive":"yes","related_facts":"The writ described property under Deed 1110/59 but property under Deed 7485/87 was attached"}
- {"issue_text":"Whether the court a quo erred in piercing the corporate veil between City of Harare and Rufaro Marketing (Pvt) Ltd","issue_type":"law","dispositive":"yes","related_facts":"City of Harare is shareholder in Rufaro Marketing; entities have separate boards"}
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background
Facts of the Case
Background
The City of Harare appealed against a High Court decision that dismissed its claim in interpleader proceedings. The Sheriff had attached property belonging to the City of Harare instead of property of the judgment debtor Rufaro Marketing (Pvt) Ltd, based on an incorrect belief that the entities were one and the same.
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