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Harare High Court
The Sheriff of Zimbabwe v Dereck Cockcroft and Sakura Vuta Dewaterings (Pvt) Ltd
HH 263-23
Case Details
Court
Harare High Court
Date
27 April 2023
Citation
HH 263-23
Neutral Citation
[2023] ZWHH 263
Outcome
unknown
Case Type
Application
Bench
Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Civil ProcedureProperty LawCompany Law
Keywords
writ of executionattachmentownershippiercing corporate veilinterpleader notice
Tags
interpleaderexecutionattachmentcorporate veil
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the attached property belongs to the claimant or is executable property of the judgment debtor","issue_type":"mixed","dispositive":"yes","related_facts":"Property found at claimant's personal address; claimant is director of judgment debtor"}
- {"issue_text":"Whether the court should pierce the corporate veil between claimant and judgment debtor","issue_type":"law","dispositive":"yes","related_facts":"Claimant is director; same address used for service; no objection to service"}
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background
Facts of the Case
Background
The Sheriff attached movable property at 44 Grosvener Road Highlands Harare pursuant to a writ of execution against Shatirwa Investments (Pvt) Ltd t/a Afmine. Dereck Cockcroft claimed the property was his, not the judgment debtor's, and filed an interpleader notice. The court had to determine ownership of the attached property.
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