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Harare High Court
The Sheriff of Zimbabwe v Cannon Motors (Private) Limited & Others
HH 849-17
Case Details
Court
Harare High Court
Date
4 January 2018
Citation
HH 849-17
Neutral Citation
[2017] ZWHH 849
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Property lawCompany lawCivil procedure
Keywords
Attachment in executionDealership agreementConsignment stockSeparate legal personalityLocus standi
Tags
Property attachmentDealership agreementCorporate veilLocus standi
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Cannon Motors has locus standi to claim property under attachment","issue_type":"procedural","dispositive":"no","related_facts":"Dealership agreement gives Cannon Motors control and possession"}
- {"issue_text":"Whether the attached motor vehicles belong to the judgment debtor","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicles subject to dealership agreement, Nissan SA retains ownership"}
- {"issue_text":"Whether Cannon Motors is a subsidiary of the judgment debtor","issue_type":"law","dispositive":"no","related_facts":"Companies share some shareholders and directors but are separate entities"}
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background
Facts of the Case
Background
The judgment creditor obtained an arbitral award against Amalgamated Motor Corporation (Pvt) Ltd which was registered as a court judgment. The Sheriff attached two Nissan vehicles from Cannon Motors' showroom. Cannon Motors claimed the vehicles were consignment stock from Nissan South Africa and did not belong to the judgment debtor.
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