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Harare High Court

Samson Martin Meki v Air Zimbabwe (Private) Limited and Air Zimbabwe Holdings (Private) Limited and Commercial Bank of Zimbabwe Limited

HH 27-18

Case Details

Court
Harare High Court
Date
24 January 2018
Citation
HH 27-18
Neutral Citation
[2018] ZWHH 27
Outcome
unknown
Case Type
Application

Bench

Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Civil ProcedureBanking LawExecution
Keywords
garnishee orderattachment of debtsarbitral awardbank accountexecution
Tags
garnishee orderexecutionarbitral awardbanking
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • State Liabilities Act
  • Finance Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Are respondents in contempt of court for non-payment of judgment?","issue_type":"procedural","dispositive":"no","related_facts":"Respondents failed to pay judgment amounts; both filed rescission applications"}
  • {"issue_text":"Does mis-citation of State Liabilities Act as [Chapter 22:13] instead of [Chapter 8:14] invalidate Finance Act No. 8 of 2015?","issue_type":"law","dispositive":"no","related_facts":"Finance Act cited wrong chapter number"}
  • {"issue_text":"Is section 5(2) of State Liabilities Act [Chapter 8:14] unconstitutional?","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant claims deprivation of right to property"}
  • {"issue_text":"Has applicant satisfied requirements for garnishee order under Order 42 Rule 377?","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of specific amounts in bank accounts; no proof money is due and owing"}
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background
Facts of the Case

Background

Applicant sought a garnishee order to attach money in bank accounts of respondents to satisfy arbitral awards registered as court judgments. The court dismissed the application for failure to prove specific amounts due to judgment debtors and compliance with procedural rules.
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