Rule 22 is known as rule interpleader. The first claimant also attached an agreement of sale which was entered into by and between himself and  Simeon Mandeya on 12 August 2012 which shows that he paid US$4 500.00 for the purchase of the same motor vehicle. MUREMBA J: Turnall Holdings Limited which is the judgment creditor obtained judgment in case no HC 3734/11 on 20 July 2011 against Sherland Enterprises (Pvt) Ltd.  Pursuant to that judgment it instructed the applicant to attach certain property. 208. In an interpleader application the law is settled. On 27 September 2012 the Appellant commenced divorce proceedings and the court granted him a decree nisi of divorce on 19 December 2012. C.Malaba, for the applicant. THE SHERIFF OF ZIMBABWE. 205. Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: MAGISTRATES’ HANDBOOK FOR CRIMINAL CASES. Chissano Takes the Baton. FORTY-NINE properties that form part of the Hippo Valley Estates have been listed for compulsory acquisition as government begins to put into force its latest amendments to the Land Acquisition Act. Failure to Proceed After Death . the second claimant pays the costs of the judgment creditor and the applicant. The agreement of sale that is in the first claimant’s favour constitutes prima facie proof that he is the owner of the Mazda 323. She said that these were goods which were in her home. 861. No. In a civil claim for damages the proceedings had reached the point where D an order was made at a case ... Coetzee and Another v National Railways of Zimbabwe [1983] B.L.R. directions See PRACTICE AND PROCEDURE (Directions). MUREMBA J: Turnall Holdings Limited which is the judgment creditor obtained judgment in case no HC 3734/11 on 20 July 2011 against Sherland … urgent See PRACTICE AND PROCEDURE (Urgent application), withdrawal by applicant after set down (Application), Attachment – to found or confirm jurisdiction, opposed application set down as unopposed, class action may only be brought in High Court, condonation of non-observance of any time limit, late appearance of entry to defend default judgment, not a decision on the merits (Default judgment), matter pending in Labour Relations Tribunal, documents in possession of third party (Discovery), information in possession of third party regarding wrongdoing (Discovery), Dispute of facts (PRACTICE AND PROCEDURE), exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi, Deputy Sheriff’s entitlement to commission. duty to disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence, Bank allowing customer to draw against uncleared effects, Party not blamed in any way by judgment (BILL OF COSTS), Procedure and practice of the High Court in enforcing the constitutional bill of rights, BILLS OF EXCHANGE AND NEGOTIABLE INSTRUMENTS, BIRTHS AND DEATHS See also FAMILY LAW (Child birth registration), Matters exclusively ecumenical or ecclesiastical in nature, CITIZENSHIP See also CONSTITUTIONAL LAW (Citizenship), CIVIL PROCEDURE See PRACTICE AND PROCEDURE, Proceedings by and against a close corporation, Administrative justice (See Constitutional law — Fundamental rights — Administrative justice), Attorney-General (Constitutional Law) See also CRIMINAL PROCEDURE. Equality before the law and equal protection of the law, Exploitation degredation abuse or trafficking, Harmful practices affecting the rights of women, Torture cruel inhuman or degrading treatment, ILLEGALITY See CONTRACT (Enforceability) and CONTRACT (Illegality), House forming part of matrimonial estate but registered in sole name of husband, Personal right in respect of immovable property, IMPOSSIBILITY See CONTRACT (Impossibility), IMPRISONMENT See CRIMINAL PROCEDURE (SENTENCE) General Principles, INCOME TAX See REVENUE AND PUBLIC FINANCE (Income Tax), INFORMATION TECHNOLOGY See COMPUTERS AND INFORMATION TECHNOLOGY, INSTALMENT SALE See SALE (Immovable property - instalment sale), nature of protection granted by copyright, selling of infringing copies of CDs and DVDs, priority in time of application for registration, similarity likely to lead to trade mark confusion, unauthorised use of a mark so nearly resembling a registered trade mark. LOCUS STANDI See PRACTICE AND PROCEDURE (Locus standi). It would therefore mean that the judgment creditor has no basis for having this motor vehicle sold in order to satisfy its debt. agreement to pay foreign currency for item purchased in Zimbabwe. In proceedings of this nature the claimant must set out facts and allegations which constitute proof of ownership. Contractual See CONTRACT (Breach - damages). HUSBAND AND WIFE See FAMILY LAW (Husband and wife). Whilst the second claimant in her affidavit of 25 February 2015 which is supposed to be her opposing affidavit although it is titled “answering affidavit” stated that the goods were taken from her home and that the goods were in her possession and control, she did not state her home address. Read, highlight, and take notes, across web, tablet, and phone. CIVIL IMPRISONMENT. ENACTED by the Parliament and the President of Zimbabwe. Rent and save from the world's largest eBookstore. domestic remedies not exhausted (Application), pleadings See PRACTICE AND PROCEDURE (Pleadings – application proceedings). 211. par delictum rule (departure from) provision contrary to public policy. The judgment creditor argued that since the registration book is not in the name of the first claimant but Zimsun Leisure Group, the first claimant had failed to discharge the onus on him to show that the motor vehicle is his. This, coupled with the lack of any documentary proof to show that the goods belong to the second claimant leads me to the finding that the second claimant failed to prove on a balance of probabilities that the household goods are hers. 210. summary judgment See PRACTICE AND PROCEDURE (Summary judgment). 380/1964 THE … In trying to determine whether the household goods that were attached belong to the claimant some problems arise. ORDER 28. Instituting and defending proceedings. The second problem is that it is not in dispute that the property was attached at Stand No. (I pause here to observe that in terms of the High Court Rules, interpleader proceedings in respect of property attached in execution are required to be brought by the Deputy … THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LOSS COURTS CIVIL CASE NO. ORDER 7 SERVICE OF PROCESS, NOTICES, ETC. To do otherwise would negate or undermine the policy and principles that underpin the concept of separate corporate personality and the legal consequences that attach to it.”. A month later, on 22 January 2013, the Respondent took out an application seeking to vary the order for custody. The above argument brings me to the argument that the agreements of sale are prima facie proof of ownership. MARRIAGE See CUSTOMARY LAW (Marriage) and FAMILY LAW (Husband and wife - marriage), In pari delicto mellor est conditio possidentis Logan v Sibiya 2002 (1) 531 (H), MENTAL DISORDERS See CRIMINAL LAW Defences (Insanity) and CRIMINAL PROCEDURE (Verdict - special verdict), Appeal - court martial - appeal against decision of, MISJOINDER See PRACTICE AND PROCEDURE (Joinder), NATIONALITY See CONSTITUTIONAL LAW (Citizenship), OCCUPIER See PROPERTY AND REAL RIGHTS (Occupier), OWNERSHIP See PROPERTY AND REAL RIGHTS (Ownership), PARLIAMENT See CONSTITUTIONAL LAW (Parliament), division of property following dissolution of partnership, essentials not necessarily conclusive to existence of a partnership, need to show that business was being carried out for joint benefit of both partners, breach by one party of duty of good faith (PARTNERSHIP), unfinished partnership business after de facto termination of agreement, Applicability of action other than in trade relationships (PASSING OFF), Requirements to establish claim (PASSING OFF), Use of distinctive word and packaging (PASSING OFF), officer convicted and sentenced in a magistrates court, act in defence of third party property (POLICE), enforce law and protect constitutional right to protection of the law (POLICE), Police officer – discipline See POLICE (Discipline), Absolution from the instance – principles, application made in respect of ancillary matter, court should lean in favour of case continuing, court's jurisdiction to protect itself from abuse, summary dismissal of action (Abuse of process), ancillary issue not specifically before court, supporting affidavit filed in opposition to claim, what is not denied in affidavits must be taken to be admitted, requirement to serve copy of notice on plaintiff or his legal practitioner, affidavit See PRACTICE AND PROCEDURE (Affidavit), against banking institution placed under curatorship, cause of action must be set out in founding affidavit. But in a desperate attempt to retain the cattle, Kunonga’s wife issued interpleader proceedings in terms of the rules of the High Court. It would mean that neither the first claimant nor the judgment debtor is the owner of this motor vehicle. See the case of De Villers CJ in Zandberg v Van Zyl supra at p 272 said, “…..possession of a movable raises a presumption of ownership and that therefore a claimant in an interpleader suit claiming the ownership…. A claim should stand or fall on its founding papers. versus. Defamation See DELICT (Defamation - interdict). The penalty for failing to change ownership of a motor vehicle as is required by the law is a fine not exceeding level four or to imprisonment not exceeding 3 months or to both such fine and such imprisonment. Joinder of Parties . S Chako, for the judgment creditor. HC 1148/15) [2018] ZWMSVHC 34 (13 June 2018); about Smit Investment Holdings SA (Proprietary) Limited & Another v The Sheriff of Zimbabwe & Another (SC 33/18, Civil Appeal No. Labour Relations Amendment Act 2002 (No. macroeconomic situation in Zimbabwe has deteriorated markedly over the last three years, and since 1999 the country has been facing a deep crisis. In Salomon v Salomon & Co Ltd [1897] AC 22 (HL) and Dadoo Ltd and others v Krugersdorp Municipal Council 1920 AD 530 at 550 the same principle that a company is a separate entity distinct from its members was enunciated. and. The Sheriff for Zimbabwe v Masango & 2 Others (HH 448-19, HC 11275/18) [2019] ZWHHC 448 (03 July 2019); PRACTICE AND PROCEDURE; Interpleader proceedings; property attached in execution; THE SHERIFF FOR ZIMBABWE . PAUL CHISANGO. interpleader proceedings in the High Court for a ruling on the competing claims. In her affidavit which she deposed to soon after the property had been attached on 20 January 2014 the second claimant stated that her connection with the judgment debtor is that she was a director of it. agreement understating purchase price so as to avoid capital gains tax and. The court may, in and for the purpose of any interpleader proceedings, make – (a) all such orders as to any additional expenses of execution occasioned by the claim as it thinks just; and (b) such order as it thinks just as to the payment of costs incurred by the applicant. contract illegal for want of compliance with statutory formalities . Right to property protection against deprivation of property without fair compensation, appointment of members of board by relevant Minister, Corporation's property not State property, limits on Minister's discretion as to who may be appointed, when may be regarded as an organ of the State, Arbitration clause in contract See ARBITRATION (Arbitration clause), vicarious liability for breach of contract, purpose of award of damages (Breach of contract), election by innocent party to terminate or abide by contract, rights accrued before the date of termination, when need not be accepted as constituting entire contract between parties, when clause may relieve party of liability for negligence, essential requirements (Formation of contract), mental capacity of contracting party (Formation of contract), agreement between parties involving a contravention of Exchange Control, agreement to pay foreign currency for item purchased in Zimbabwe, agreement understating purchase price so as to avoid capital gains tax and, contract illegal for want of compliance with statutory formalities, contravention of Estate Agents Act [Chapter 27:05], impossibility when extinguishes obligations under contract, supervening impossibility alleged by non-performing party, whether contract one of hire or for services, Right of first refusal or pre-emption See SALE (Option), renunciation of exceptions non causa debiti, non numeratae pecuniae and errore calculi, contract made in breach of statutory prohibition, contract providing that loan be repaid in foreign currency, justus error on part of party to contract, Costs incurred before commencement of proceedings, exceptional measure for cases involving neglect or impropriety, may be ordered for failure to advise clients correctl, practitioner accepting appointment as executor dative, practitioner advising client to disobey court order, practitioner making unsubstantiated allegations of impropriety against another officer of court, Filing of voluminous and unnecessary documents in a court application, dishonest conduct and behaviour by applicant, general behaviour of litigants throughout the litigation completely unjustified, lack of bona fides and deplorable conduct, party to civil dispute wrongfully having recourse to criminal law, duty to obey order and seek redress afterwards, need to show that person knew of court order, party allegedly in contempt approaching court for relief, requirement that applicant purge its contempt before approaching court for relief, jurisdiction of the High Court in labour matters, Juvenile court See also COURT (Children’s court), Labour Court See EMPLOYMENT (Labour Court), Precedent See PRACTICE AND PROCEDURE (Stare decisis), Vexatious proceedings See PRACTICE AND PROCEDURE (Abuse of process), Assault with intent to do grievous bodily harm, Unlawful entry into premises followed by theft of property therefrom, CRIMINAL LAW (Other Offences Under Criminal Law Code), Being found in possession of goods in regard to which there is a reasonable suspicion that they were stolen, CRIMINAL LAW STATUTORY OFFENCES (Other than offences under Criminal Law Code), Copyright and Neighbouring Rights Act [Chapter 26:05], Criminal Law Amendment Act [Chapter 9:05], Law and Order (Maintenance) Act [Chapter 11:07], Miscellaneous Offences Act [Chapter 9:15], Prevention of Corruption Act [Chapter 9:16], Public Order and Security Act [Chapter 11:17], accused appearing in court after High Court order issued, exceptions, provisos and exemptions (charge), Indictment See CRIMINAL PROCEDURE (Charge), Insanity See CRIMINAL PROCEDURE (Verdict – special verdict), Postponement See CRIMINAL PROCEDURE (Remand), Sentence See CRIMINAL PROCEDURE SENTENCE General Principles, Specification of person suspected of corruption offences, special verdict on grounds of accused’s insanity, CRIMINAL PROCEDURE (SENTENCE) Common Law Offences, Crimes of dishonesty unaccompanied by violence (Sentence; common law), extenuating circumstances in murder sentencing, infanticide See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – infanticide), Receiving stolen property knowing it to have been stolen v, Stock theft See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – stock theft), CRIMINAL PROCEDURE (SENTENCE) General Principles, Back-dating of prison sentence to date of convicted person’s arrest, Matters which court may take into account (Sentence), CRIMINAL PROCEDURE (SENTENCE) Offences Under Criminal Law Code, Crimes of dishonesty unaccompanied by violence (Sentence; Code), Unlawful entry and theft (Sentence; Code), CRIMINAL PROCEDURE (SENTENCE) Statutory offences, Control of Goods (Price Control) Regulations, 2001 (Sentence), Drugs and Allied Substances Control Act [Chapter 320 of 1974] (Sentence), Penalty provision in statute – effect (Sentence; Statutory), Precious Stones Act [Chapter 21:06] (Sentence), Prevention of Corruption Act [Chapter 9:16] (Sentence), Public Order and Security Act [Chapter 11:17] (Sentence), Sexual Offences Act [Chapter 9:21] (Sentence), distribution of matrimonial estate (CUSTOMARY LAW), matter capable of resolution by either general law or customary law, no agreement between parties that it should apply, wife’s entitlement to division of estate (CUSTOMARY LAW), consideration to applicable customary principles of succession, approach to be followed in magistrates courts, bigamous marriage, effects of (Family law -CUSTOMARY LAW), customary marriage followed by civil marriage, division of property following divorce (Family law -CUSTOMARY LAW), effect - rights of father of child of customary law marriage, entitlement to share of matrimonial (CUSTOMARY LAW), formalities required in customary law marriage, husband and wife (Family law -CUSTOMARY LAW), property rights under customary law marriage, testing validity of customary law marriage, husband marrying a second wife under civil law while first marriage subsisted, rights of widow under customary law to share of estate. 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