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Harare High Court
The Sheriff of Zimbabwe and Ravished Enterprises (Pvt) Limited v Mitchem Watergrow Finance (Pvt) Limited
HH 520-17
Case Details
Court
Harare High Court
Date
28 June 2017
Citation
HH 520-17
Neutral Citation
[2017] ZWHH 520
Outcome
unknown
Case Type
Application
Bench
Presiding
Mwayera J
Full Bench
Mwayera J
Areas of Law
Civil ProcedureExecution
Keywords
interpleaderproperty attachmentownership proofexecution
Tags
interpleaderexecutionproperty attachment
legislation
Statutes Cited
- none (no statute expressly referenced)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claimant has proved ownership of the attached property","issue_type":"fact","dispositive":"yes","related_facts":"Property was found in possession of judgment debtor; claimant produced invoices and delivery notes"}
- {"issue_text":"Whether the claimant's deponent was authorized to make the founding affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Deponent stated he was managing director authorized to make affidavit"}
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background
Facts of the Case
Background
The Sheriff attached property at 103 Willowvale Road, Southerton, Harare premises registered in the name of Greensite Investments (Pvt) Ltd (judgment debtor) pursuant to a court order in favor of Mitchem Watergrow Finance (Pvt) Limited. Ravished Enterprises (Pvt) Limited claimed ownership of the attached property, asserting it was leasing the premises from the judgment debtor.
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