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Harare High Court
The Sheriff for Zimbabwe v Audiomax 2010 (Pvt) Ltd t/a Audio Max Clinic and Mike Mawoyo and Wizear Trust
HH 04-23
Case Details
Court
Harare High Court
Date
4 January 2023
Citation
HH 04-23
Neutral Citation
[2023] ZWHH 04-23
Outcome
unknown
Case Type
Application
Bench
Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Interpleader proceedingsExecution of judgmentsCurrency law
Keywords
interpleaderexecutioncurrency conversionproperty attachmentjudgment debt
Tags
interpleaderexecutioncurrency conversionproperty ownership
legislation
Statutes Cited
- Finance Act (No.2) Act, No.7 of 2019
- Reserve Bank of Zimbabwe Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether payment of ZW$16,600 discharged the US$16,600 judgment debt","issue_type":"mixed","dispositive":"yes","related_facts":"Supreme Court order for US$16,600; payment of ZW$16,600; SI 33/2019 currency conversion"}
- {"issue_text":"Whether Audiomax proved ownership of the attached property","issue_type":"fact","dispositive":"yes","related_facts":"Property attached at 93 Baines Avenue; Audiomax's documentary evidence"}
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background
Facts of the Case
Background
The Sheriff attached property at 93 Baines Avenue pursuant to a Supreme Court order for payment of US$16,600. Audiomax claimed ownership of the attached property and alleged the debt had been discharged by payment in local currency. The judgment creditor disputed both the discharge and ownership claims.
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