SHERIFF OF THE HIGH COURT OF ZIMBABWE v SENANGA SAFARIS (PVT) LTD And WINDWARD CAPITAL (PVT) LTD

HB 13/19

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Case Details

Court

Bulawayo High Court

Date

7 February 2019

Citation

HB 13/19

Neutral Citation

[2019] ZWHB 13

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Property LawCivil Procedure

Keywords

Interpleader proceedingsSpecial executionPledge of immovable propertyDeed of GrantAttachment

Key Issues

{"issue_text":"Whether the claimant has proved ownership of the attached property on a balance of probabilities.","issue_type":"fact","dispositive":"yes","related_facts":"Ownership of stand 598 Victoria Falls Township"}
{"issue_text":"Whether the alleged pledge agreement is valid and enforceable against the claimant's immovable property.","issue_type":"law","dispositive":"yes","related_facts":"Existence of pledge agreement; lack of delivery/mortgage bond"}
{"issue_text":"Whether the judgment creditor can execute against the claimant's property when it was not declared specially executable.","issue_type":"law","dispositive":"yes","related_facts":"Terms of the judgment against the debtor; nature of attachment"}

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Facts of the Case

Background

The judgment creditor obtained a judgment against Adrian Paul Hoyland Read and caused a writ to be issued against a property owned by Senanga Safaris (Pvt) Ltd. The claimant instituted interpleader proceedings, arguing that the property was wrongly attached as it was not declared specially executable and that the alleged pledge agreement was unenforceable.

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