The Sheriff for Zimbabwe v Chandakafira Konde & Ors (HC 6525/22); The Sheriff for Zimbabwe v Mary Makwarimba & Ors (HC 6526/22); The Sheriff for Zimbabwe v Abena Letisia Chasowa & Ors (HC 6527/22)

HH 82-23

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Case Details

Court

Harare High Court

Date

8 February 2023

Citation

HH 82-23

Neutral Citation

[2023] ZWHH 82

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property LawCivil Procedure

Keywords

interpleaderproperty ownershipexecutiondeed of transferspecial circumstances

Key Issues

{"issue_text":"Whether claimants are lawful owners of the properties despite registration in judgment debtor's name","issue_type":"mixed","dispositive":"yes","related_facts":"Properties registered in Select Housing Trust name; claimants allege allocation through cooperative"}
{"issue_text":"Whether special circumstances exist to warrant setting aside the attachment","issue_type":"law","dispositive":"yes","related_facts":"Claimants' delay of 5-6 years; obtained certificates but no transfer"}
{"issue_text":"Whether there is collusion between judgment debtor and claimants","issue_type":"law","dispositive":"no","related_facts":"Not specifically addressed in judgment"}

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background

Facts of the Case

Background

Three consolidated interpleader applications where claimants asserted ownership of three residential stands in Tynwald South, Harare that had been attached in execution of a judgment against Select Housing Trust. The properties were registered in the name of the judgment debtor but claimants alleged they had been allocated to them through a cooperative housing scheme.

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