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Harare High Court
The Sheriff of Zimbabwe v Rowan Marco Benatar (Claimant) and Colleen Beatrice Benatar (Judgment Creditor)
HH 157-18
Case Details
Court
Harare High Court
Date
21 March 2018
Citation
HH 157-18
Neutral Citation
[2018] ZWHH 157
Outcome
unknown
Case Type
Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Commercial LawCivil Procedure
Keywords
interpleader proceedingsshare certificatesdonationexecutionforgery
Tags
interpleadershare ownershipexecutionfraudulent documents
legislation
Statutes Cited
- Companies Act
- Capital Gains Tax Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claimant proved valid ownership of the attached shares","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged donation in 2014, production of share certificate, payment of capital gains tax"}
- {"issue_text":"Whether the donation documents were authentic","issue_type":"factual","dispositive":"no","related_facts":"Share certificate number 4 originally issued to different person in 1964, no company registry record"}
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background
Facts of the Case
Background
The Sheriff attached 200,000 shares purportedly belonging to judgment debtor Robert Daniel Benatar. His son Rowan Marco Benatar claimed the shares were donated to him in 2014. The judgment creditor Colleen Beatrice Benatar (ex-wife) challenged the authenticity of the donation documents, alleging fraud.
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