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Harare High Court
Deputy Sheriff Harare v Metbank Zimbabwe and Ecobank Zimbabwe Limited
HH 230-13
Case Details
Court
Harare High Court
Date
24 July 2013
Citation
HH 230-13
Neutral Citation
[2013] ZWHH 230
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Banking LawCivil ProcedureContract Law
Keywords
escrow agreementattachment of fundsexecutionbanking lawinterpleader
Tags
interpleader proceedingsescrow accountexecutionbanking law
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Metbank should be granted condonation for late filing","issue_type":"procedural","dispositive":"no","related_facts":"Filed one day late on 6 August 2012"}
- {"issue_text":"Whether money in bank account can be attached in execution","issue_type":"legal","dispositive":"no","related_facts":"Funds held in escrow account with Metbank"}
- {"issue_text":"Which party is entitled to the escrow monies","issue_type":"mixed","dispositive":"yes","related_facts":"Jaggers liquidated, no joint instructions given"}
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background
Facts of the Case
Background
The Deputy Sheriff attached US$2.5 million held by Metbank in an escrow account during execution of a judgment debt. Metbank claimed the funds were held in trust and could not be attached. Ecobank, the judgment creditor, claimed the funds originated from a loan it gave to the judgment debtors for purchasing shares in Jaggers. The court had to determine entitlement to the escrow funds and validity of the attachment.
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