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Harare High Court
The Sheriff of Zimbabwe and Gull Properties (Private) Limited v CBZ Bank Limited
HH 554-18
Case Details
Court
Harare High Court
Date
19 September 2018
Citation
HH 554-18
Neutral Citation
[2018] ZWHH 554
Outcome
unknown
Case Type
Application
Bench
Presiding
Makoni J
Full Bench
Makoni J
Areas of Law
Property LawCivil ProcedureCommercial Law
Keywords
interpleaderexecutionproperty attachmentscheme of arrangementtransfer of propertycaveat
Tags
interpleader proceedingsexecutionproperty attachmentscheme of arrangement
legislation
Statutes Cited
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Claimant's claim to the property should be upheld in interpleader proceedings","issue_type":"mixed","dispositive":"yes","related_facts":"Claimant purchased property and completed all transfer requirements; property still registered in Judgment Debtor's name; CBZ Bank obtained execution"}
- {"issue_text":"Whether special circumstances exist to justify release of property from attachment","issue_type":"law","dispositive":"yes","related_facts":"Claimant completed all requirements but transfer delayed due to administrative processes"}
- {"issue_text":"Whether CBZ Bank is bound by the court-sanctioned Scheme of Arrangement","issue_type":"law","dispositive":"yes","related_facts":"CBZ Bank participated in Scheme; property sold under Scheme"}
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background
Facts of the Case
Background
Gull Properties purchased immovable property from David Joel Lasker in 2014 under a court-sanctioned Scheme of Arrangement, paid the full purchase price to BankABC, and took possession. Despite completing all requirements for transfer including tax and rates clearances, transfer was delayed due to administrative processes. CBZ Bank, aware of the sale, obtained execution against the property still registered in Lasker's name and caused its attachment.
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