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Harare High Court
Deputy Sheriff, Harare v Charles Garutsa and Thomas Zivanai Tagaira
HH 436-13
Case Details
Court
Harare High Court
Date
28 November 2013
Citation
HH 436-13
Neutral Citation
[2013] ZWHH 436
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Property lawCivil procedure
Keywords
Writ of executionProperty attachmentOwnership disputeInterpleader summons
Tags
Interpleader proceedingsExecutionProperty attachment
legislation
Statutes Cited
- Police and Criminal Evidence Act 1984
- Criminal Justice Act 2003
- Criminal Procedure and Investigations Act 1996
- Human Rights Act 1998
- European Convention on Human Rights
- Criminal Appeal Act 1968
- Criminal Appeal Act 1995
- Supreme Court Act 1981
- Courts Act 2003
- Serious Organised Crime and Police Act 2005
- Terrorism Act 2000
- Regulation of Investigatory Powers Act 2000
- Data Protection Act 1998
- Freedom of Information Act 2000
- Youth Justice and Criminal Evidence Act 1999
- Criminal Evidence Act 1898
- Criminal Justice (International Co-operation) Act 1990
- Drug Trafficking Act 1994
- Proceeds of Crime Act 2002
- Anti-terrorism, Crime and Security Act 2001
- Criminal Justice and Public Order Act 1994
- Criminal Justice Act 1988
- Criminal Justice Act 1991
- Criminal Justice Act 1993
- Criminal Justice and Court Services Act 2000
- Criminal Justice Act 1967
- Criminal Law Act 1967
- Criminal Law Act 1977
- Theft Act 1968
- Theft Act 1978
- Fraud Act 2006
- Bribery Act 2010
- Corporate Manslaughter and Corporate Homicide Act 2007
- Serious Crime Act 2007
- Legal Services Act 2007
- Constitutional Reform Act 2005
- Courts and Legal Services Act 1990
- Access to Justice Act 1999
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claimant has proven ownership of the attached property","issue_type":"fact","dispositive":"yes","related_facts":"Claimant received embroidery machine from Comrel Trading (Pvt) Ltd; Claimant received Toyota Camry from Hygienic Services (Pvt) Ltd"}
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background
Facts of the Case
Background
The Deputy Sheriff attached various assets and a vehicle from premises occupied by the judgment debtor. A third party (claimant) claimed ownership of some of the attached property, leading to interpleader proceedings to determine rightful ownership.
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