The Sheriff of Zimbabwe and Rhine (Pvt) Ltd. and C. Gauche (Private) Limited

HMA 24/19

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Case Details

Court

Masvingo High Court

Date

3 July 2019

Citation

HMA 24/19

Neutral Citation

[2019] ZWHMA 24

Outcome

unknown

Case Type

Application

Bench

Presiding

WAMAMBO J

Areas of Law

Interpleader proceedingsCorporate lawProperty law

Keywords

InterpleaderCorporate veilProperty ownershipMining equipmentAttachment

Key Issues

{"issue_text":"Whether the claimant has proved ownership of the attached property","issue_type":"mixed","dispositive":"yes","related_facts":"Claimant's possession of property, invoices produced, corporate relationship with judgment debtor"}
{"issue_text":"Whether the corporate veil should be pierced to link the claimant and judgment debtor","issue_type":"law","dispositive":"yes","related_facts":"Judgment debtor is Managing Director, his phone number appears on auction documents"}

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background

Facts of the Case

Background

The judgment creditor obtained judgment against Roger Madangure under HC 1404/17 and attached various items. The claimant, Rhine (Pvt) Ltd., claims ownership of the attached goods, asserting they were purchased with a mine in 2013. The judgment creditor disputes this, alleging the judgment debtor is the Managing Director of the claimant and that the mine was actually purchased by Oniro Resources (Pvt) Ltd, not the claimant.

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