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Harare High Court
Meikles Limited v Widefree Investments (Private) Limited t/a Core Solutions and Sheriff of Zimbabwe and Stanbic Bank Limited and Registrar of Companies
HH 517-18
Case Details
Court
Harare High Court
Date
12 September 2018
Citation
HH 517-18
Neutral Citation
[2018] ZWHH 517
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Civil ProcedureExecution of judgmentsBanking lawCompany law
Keywords
Bank account attachmentShare attachmentGarnishee orderExecution proceedingsIncorporeal property
Tags
Execution of judgmentAttachment of bank accountsAttachment of sharesGarnishee orderIncorporeal property
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a bank account attachment requires a prior garnishee order","issue_type":"procedural","dispositive":"yes","related_facts":"Bank account 9140000213879 was attached without prior garnishee order"}
- {"issue_text":"Whether the attachment of shares complied with Order 40 r 343(4) requirements","issue_type":"procedural","dispositive":"yes","related_facts":"Shares were attached on 29 August 2018"}
- {"issue_text":"Whether the applicant has locus standi to challenge attachment of shares belonging to third parties","issue_type":"procedural","dispositive":"no","related_facts":"Applicant alleged some attached shares belong to third parties"}
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background
Facts of the Case
Background
The applicant sought to suspend attachments of its bank account and shares made by the Sheriff in execution of a judgment registering an arbitral award. The applicant argued the bank account attachment was unlawful without a garnishee order and the share attachment failed to comply with High Court Rules requirements.
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