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Harare High Court

Local Resources Trust v Shephered Takaendesa and Michael Dube and Marshal Badza and Deputy Sheriff

HH 317-12

Case Details

Court
Harare High Court
Date
18 July 2012
Citation
HH 317-12
Neutral Citation
[2012] ZWHH 317
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Property LawCommercial LawCivil Procedure
Keywords
ownershipattachmentexecutionarbitration awardasset transfer
Tags
asset transferownership disputeexecutionarbitration award
legislation
Statutes Cited
  • Labour Act
  • High Court Rules, 1979
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Who owns the assets subject to attachment","issue_type":"mixed","dispositive":"yes","related_facts":"Asset transfer on 30 June 2009, Deed of Transfer clause 2"}
  • {"issue_text":"Whether the attachment is valid","issue_type":"law","dispositive":"yes","related_facts":"Ownership of assets, assumption of liability"}
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background
Facts of the Case

Background

The applicant, Local Resources Trust, claimed ownership of assets that were attached by the Deputy Sheriff pursuant to an arbitration award granted against Alex Stewart International LLC. The assets had been transferred from ASI to the applicant on 30 June 2009, before the arbitration award was granted on 18 November 2010.
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