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Harare High Court
Moses Zishiri v Air Zimbabwe (Private) Holdings and Commercial Bank of Zimbabwe
HH 710-17
Case Details
Court
Harare High Court
Date
25 October 2017
Citation
HH 710-17
Neutral Citation
[2017] ZWHH 710
Outcome
unknown
Case Type
Application
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Civil ProcedureBanking LawCorporate Law
Keywords
garnishee proceedingsjudgment executioncorporate personalitymaterial dispute of fact
Tags
garnishee ordercorporate veilexecution
legislation
Statutes Cited
- No statutes were cited or interpreted in this judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there is a material dispute of fact regarding the identity of the judgment debtor","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over whether Air Zimbabwe Holdings and Air Zimbabwe (Private) Limited are same entity"}
- {"issue_text":"Whether the application procedure is appropriate given the factual disputes","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting affidavits about corporate identity"}
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background
Facts of the Case
Background
The applicant obtained a judgment against Air Zimbabwe Holdings (Private) Limited and sought to enforce it through garnishee proceedings against a bank account held by Commercial Bank of Zimbabwe. The respondents opposed, claiming the account belonged to a separate entity, Air Zimbabwe (Private) Limited, not the judgment debtor.
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