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Harare High Court
The Sheriff for Zimbabwe v Gold Belt Zimbabwe (Pvt) Ltd and CBZ Bank Limited
HH 864-22
Case Details
Court
Harare High Court
Date
24 November 2022
Citation
HH 864-22
Neutral Citation
[2022] ZWHH 864
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Property LawCivil Procedure
Keywords
writ of executioninterpleader proceedingsspecially executablematerial non-disclosure
Tags
executioninterpleaderimmovable propertyattachment
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the interpleader procedure is competent to challenge properties already declared specially executable","issue_type":"procedural","dispositive":"yes","related_facts":"Properties declared specially executable before claimant's purchase"}
- {"issue_text":"Whether the claimant made material non-disclosure of previous proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to disclose HC 1686/20 judgment and abandoned appeal"}
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background
Facts of the Case
Background
The judgment creditor obtained judgment against five defendants for US$3,632,984.41 and four immovable properties were declared specially executable. After attachment of the properties, the claimant laid claim to them alleging purchase on 19 November 2019. The applicant filed this interpleader application to determine the adverse claim.
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