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Harare High Court
The Sheriff of Zimbabwe v Lovemore Buwu and Interfin Banking Corporation t/a Interfin
HH 665-18
Case Details
Court
Harare High Court
Date
11 October 2018
Citation
HH 665-18
Neutral Citation
[2018] ZWHH 665
Outcome
unknown
Case Type
Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Property LawCivil Procedure
Keywords
InterpleaderExecutionAttachmentMortgage bondReal rightsPersonal rightsOwnershipRegistration
Tags
Interpleader proceedingsExecutionProperty attachmentMortgage bondOwnership rights
legislation
Statutes Cited
- Criminal Justice Act 1991
- Crime (Sentences) Act 1997
- Human Rights Act 1998
- European Convention on Human Rights, Article 5 (right to liberty and security)
- European Convention on Human Rights, Article 14 (prohibition of discrimination)
- Prison Act 1952
- Criminal Justice Act 1967
- Criminal Justice Act 1982
- Criminal Justice Act 1988
- Criminal Justice and Public Order Act 1994
- Powers of Criminal Courts (Sentencing) Act 2000
- Criminal Justice Act 2003
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a claimant who has not transferred ownership of purchased immovable property can assert ownership rights against a judgment creditor with a registered mortgage bond","issue_type":"law","dispositive":"yes","related_facts":"Property registration, mortgage bond registration, lack of transfer"}
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background
Facts of the Case
Background
The Sheriff attached immovable property registered in Rodney Ndangariro Chiteme's name to satisfy a judgment debt. Lovemore Buwu claimed ownership, alleging he purchased the property in 2011 but never transferred ownership. The property had a mortgage bond registered in 2010 securing the judgment debt.
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