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Harare High Court

The Sheriff for Zimbabwe v Elina Elizabeth Chikwava and Aspinas Mukarati and Nhamo Ertastus Chikwawa

HH 272-17

Case Details

Court
Harare High Court
Date
26 April 2017
Citation
HH 272-17
Neutral Citation
[2017] ZWHH 272
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Civil ProcedureFamily LawProperty Law
Keywords
InterpleaderExecutionMarriage out of community of propertyProperty attachmentSheriff
Tags
Interpleader proceedingsExecutionMarriage out of community of propertyAttachment of property
legislation
Statutes Cited
  • High Court Rules
  • Married Persons Property Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the attached property belongs to the claimant and should be released from attachment","issue_type":"mixed","dispositive":"yes","related_facts":"Marriage out of community of property, claimant's ownership receipts"}
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background
Facts of the Case

Background

The Sheriff for Zimbabwe attached property at the judgment debtor's house in execution of a judgment. The claimant, who is married to the judgment debtor out of community of property, claims ownership of the attached property and seeks its release.
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