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Harare High Court
Paradzai Choga v Rebecca Masedza and The Messenger of Court and Esnath Masedza
HH 335-21
Case Details
Court
Harare High Court
Date
23 March 2021
Citation
HH 335-21
Neutral Citation
[2021] ZWHH 335
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Chirawu-Mugomba J
Full Bench
Chirawu-Mugomba JManzunzu J
Areas of Law
Property lawCivil procedure
Keywords
Embroidery machineOwnershipInterpleader summonsAttachmentExecution
Tags
Interpleader proceedingsExecution of judgmentOwnership dispute
legislation
Statutes Cited
- Criminal Justice Act 1991
- Crime (Sentences) Act 1997
- Human Rights Act 1998
- European Convention on Human Rights
- Prison Act 1952
- Prison Rules 1999
- Criminal Justice Act 1967
- Criminal Justice Act 1982
- Criminal Justice Act 1988
- Criminal Justice and Public Order Act 1994
- Criminal Appeal Act 1995
- Criminal Cases Review Act 1995
- Criminal Procedure and Investigations Act 1996
- Criminal Evidence Act 1898
- Criminal Law Act 1967
- Criminal Law Act 1977
- Criminal Attempts Act 1981
- Criminal Justice Act 1987
- Criminal Justice Act 1993
- Criminal Justice and Police Act 2001
- Criminal Justice Act 2003
- Serious Organised Crime and Police Act 2005
- Criminal Justice and Immigration Act 2008
- Coroners and Justice Act 2009
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Criminal Justice and Courts Act 2015
- Criminal Cases Review Commission Act 1995
- Criminal Appeal Rules 1968
- Criminal Procedure Rules 2015
- Criminal Justice (Sentencing) Act 2000
- Criminal Justice (Scotland) Act 1980
- Criminal Justice (Northern Ireland) Order 1996
- Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988
- Criminal Justice (International Co-operation) Act 1990
- Criminal Justice (Terrorism and Conspiracy) Act 1998
- Criminal Justice (Theft and Fraud Offences) Act 2001
- Criminal Justice (Joint Investigation Teams) Act 2004
- Criminal Justice (Mutual Assistance) Act 2008
- Criminal Justice (Insolvency) Act 2010
- Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
- Criminal Justice (Corruption Offences) Act 2018
- Criminal Justice (Extradition) Act 2019
- Criminal Justice (Smuggling of Persons) Act 2021
- Criminal Justice (International Co-operation) (Amendment) Act 2022
- Criminal Justice (Miscellaneous Provisions) Act 2023
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in finding that the 1st respondent proved ownership of the embroidery machine on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement of sale, affidavit by 3rd respondent, import documents, possession at attachment"}
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background
Facts of the Case
Background
The appellant obtained judgment against the 3rd respondent for delivery of an embroidery machine as security for a US$4200 loan. When the 2nd respondent attached the machine, the 1st respondent claimed ownership, leading to interpleader proceedings. The magistrate found the machine belonged to the 1st respondent, but the High Court allowed the appeal, finding the sale agreement was a ruse to deprive the appellant.
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