Nhandara Timbers (Pvt) Ltd v Messenger of Court and Allied Timbers (Pvt) Ltd and T.S. Timbers (Pvt) Ltd

HH 323-17

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Case Details

Court

Harare High Court

Date

31 May 2017

Citation

HH 323-17

Neutral Citation

[2017] ZWHH 323

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE JNDEWERE J

Areas of Law

Civil procedureCommercial lawProperty law

Keywords

Interpleader summonsAttachment of propertyCorporate identityGoing concernJudgment debtor

Key Issues

{"issue_text":"Whether the magistrate erred in finding that the appellant had purchased the third respondent as a going concern","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement of sale dated 20 September 2012, acknowledgment of debt by third respondent"}
{"issue_text":"Whether the appellant proved ownership of the attached property in interpleader proceedings","issue_type":"fact","dispositive":"yes","related_facts":"Property attachment at 1 Barrow Road, lease agreement claimed by appellant"}
{"issue_text":"Whether the award of costs on higher scale was justified","issue_type":"procedural","dispositive":"no","related_facts":"Magistrate's finding of possible collusion"}

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background

Facts of the Case

Background

The appellant claimed ownership of property attached by the Messenger of Court during execution of a judgment against T.S. Timbers (Pvt) Ltd. The appellant had purchased T.S. Timbers Building Supplies division from Chemco Holdings Limited as a going concern and claimed the attached property belonged to it, not the judgment debtor.

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