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Harare High Court

Industrial Development Corporation of Zimbabwe v Reggie Francis Saruchera

HH 21-2006

Case Details

Court
Harare High Court
Date
8 March 2006
Citation
HH 21-2006
Neutral Citation
[2006] ZWHH 21
Outcome
unknown
Case Type
Application

Bench

Presiding
Gowora J
Full Bench
Gowora J
Areas of Law
Civil procedureExecutionCorporate law
Keywords
Writ of executionShare certificateAttachmentLiquidatorSpecification
Tags
ExecutionShare certificatesLiquidationAttachment
legislation
Statutes Cited
  • Prevention of Corruption Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the respondent has lawful basis to retain the share certificate attached in execution","issue_type":"legal","dispositive":"yes","related_facts":"Deputy Sheriff handed certificate to respondent after specification"}
  • {"issue_text":"Whether specification under Prevention of Corruption Act suspends execution against property of specified person","issue_type":"legal","dispositive":"no","related_facts":"Muponda was specified after attachment"}
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background
Facts of the Case

Background

The applicant obtained a writ of execution against Gilbert Muponda and others, leading to attachment of a share certificate for 100 shares in Aronvi Investments (Pvt) Ltd. The Deputy Sheriff handed the certificate to the respondent, who was appointed liquidator and investigator of specified ENG companies, claiming the shares were purchased with stolen ENG funds. The applicant sought return of the certificate to proceed with execution.
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