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Harare High Court
The Sheriff of Zimbabwe v Peter Simon & 4 Ors
HH 548-18
Case Details
Court
Harare High Court
Date
19 September 2018
Citation
HH 548-18
Neutral Citation
[2018] ZWHH 548
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawCivil Procedure
Keywords
Interpleader proceedingsSheriffAttachmentExecutionProperty ownershipCollusion
Tags
InterpleaderExecutionAttachmentProperty ownership
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claimants have proven ownership of the attached property","issue_type":"mixed","dispositive":"yes","related_facts":"Claimants' possession and acquisition of property; previous attachment without claims"}
- {"issue_text":"Whether property was attached at wrong premises","issue_type":"procedural","dispositive":"no","related_facts":"Location of attachment; judgment debtor's business operations"}
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background
Facts of the Case
Background
Twenty judgment creditors obtained judgment against Ottlac Investments (Pvt) Ltd for US$37,500 plus interest. The Sheriff attached movable property in execution. Five claimants (Peter Simon, Mario Raul De Souza, Wimplog Enterprises, Hang Up (Pvt) Ltd, and Soya Washout & 19 Others) claimed ownership of the attached property, leading to interpleader proceedings.
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