The Sheriff for Zimbabwe v Clara Maposa Kanengoni and Israel Nyandoro

HH 594-18

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Case Details

Court

Harare High Court

Date

3 October 2018

Citation

HH 594-18

Neutral Citation

[2018] ZWHH 594

Outcome

unknown

Case Type

Application

Bench

Presiding

Ndewere J

Full Bench

Ndewere J

Areas of Law

Property lawCivil procedure

Keywords

interpleader proceedingswrit of executionproof of ownershipattached goodscollusion

Key Issues

{"issue_text":"Whether the claimant proved ownership of the attached goods to exclude them from execution","issue_type":"fact","dispositive":"yes","related_facts":"Receipts produced for generators and sofa set; marriage out of community of property"}

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background

Facts of the Case

Background

The Sheriff attached movable goods at the judgment debtor's residence in execution of a writ. The claimant (wife of the judgment debtor) asserted ownership of the attached goods and produced receipts for some items. The judgment creditor alleged collusion between spouses to defeat execution.

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