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Harare High Court
The Sheriff of Zimbabwe v Abigail Michelle Zituta and CBZ Bank Limited
HH 180-18
Case Details
Court
Harare High Court
Date
23 February 2018
Citation
HH 180-18
Neutral Citation
[2018] ZWHH 180
Outcome
unknown
Case Type
Application
Bench
Presiding
Chitakunye J
Full Bench
Chitakunye J
Areas of Law
Civil ProcedureProperty LawExecution Law
Keywords
writ of executionthird party claimownership proofattachmentexecution
Tags
executionattachment of propertyownership disputethird party claim
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claimant has proven ownership of the attached property","issue_type":"mixed","dispositive":"yes","related_facts":"Claimant's relationship to judgment debtor, timing of registration documents, lack of supporting evidence"}
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background
Facts of the Case
Background
The Sheriff attached property at No. 85 Harare Drive, Mt. Pleasant to satisfy a judgment of US$154,516.16 obtained by CBZ Bank against Morgan Nkomo and others. Abigail Michelle Zituta, wife of Morgan Nkomo, claimed the attached property belonged to her and not the judgment debtors, prompting the Sheriff to seek court determination of ownership.
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