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Harare High Court
BLUEMARK DISTRIBUTORS (PVT) LTD t/a BLUEMARK TYRES and FORTUNATE MANY IMO v HAMID SIRDAR
HH 769-17
Case Details
Court
Harare High Court
Date
15 November 2017
Citation
HH 769-17
Neutral Citation
[2017] ZWHH 769
Outcome
unknown
Case Type
Application
Bench
Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Insolvency LawCivil Procedure
Keywords
act of insolvencynulla bonawrit of executionsequestration
Tags
InsolvencySequestrationExecution
legislation
Statutes Cited
- Insolvency Act
- Insolvency Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a nulla bona return limited to movable property establishes an act of insolvency under s 11(b) of the Insolvency Act","issue_type":"law","dispositive":"yes","related_facts":"The writ was executed only against movable property; nulla bona return issued"}
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background
Facts of the Case
Background
The applicants obtained a default judgment against the respondent for $81,310.45 and attempted execution against his movable property. The Deputy Sheriff returned a nulla bona return, prompting the applicants to apply for sequestration of the respondent's estate, alleging he committed an act of insolvency by failing to satisfy the writ of execution.
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