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Harare High Court
The Sheriff for Zimbabwe and Gainmark Investments (Pvt) Limited v FBC Bank Limited
HH 636-17
Case Details
Court
Harare High Court
Date
27 September 2017
Citation
HH 636-17
Neutral Citation
[2017] ZWHH 636
Outcome
unknown
Case Type
Application
Bench
Presiding
Ndewere J
Full Bench
Ndewere J
Areas of Law
Property lawCivil procedure
Keywords
InterpleaderAttachmentMortgageOwnershipDonation
Tags
Interpleader proceedingsProperty attachmentMortgage bondOwnership dispute
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claimant Gainmark Investments had valid ownership of stand 5435","issue_type":"mixed","dispositive":"yes","related_facts":"Claimant purchased from Collins Trust Gumbo who purportedly received donation from Rosgett Investments"}
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background
Facts of the Case
Background
The Sheriff attached Stand 5435 Chinhoyi Township pursuant to a judgment against Rosgett Investments. Gainmark Investments claimed ownership, having purchased it from Collins Trust Gumbo. The court found that Rosgett Investments remained the lawful owner as the purported donation to Collins Trust Gumbo was invalid, and consequently Gainmark's purchase was null and void.
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