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Harare High Court
The Sheriff of Zimbabwe v Glynis Kelly and F.M. Katsande & Partners Legal Practitioners
HH 661-18
Case Details
Court
Harare High Court
Date
18 October 2018
Citation
HH 661-18
Neutral Citation
[2018] ZWHH 661
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Property LawCivil Procedure
Keywords
interpleader proceedingsexecutionproperty ownershipburden of proof
Tags
interpleaderexecutionproperty attachment
legislation
Statutes Cited
- High Court Rules (specific rule not identified)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claimant has proved ownership of the attached property","issue_type":"mixed","dispositive":"yes","related_facts":"Property was attached from judgment debtor's residence; claimant produced registration books and ownership agreement"}
- {"issue_text":"Whether the burden of proof shifted to the judgment creditor","issue_type":"law","dispositive":"no","related_facts":"Property was in judgment debtor's possession when attached"}
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background
Facts of the Case
Background
The Sheriff attached movable property including two motor vehicles and household furniture at No. 8 Shirely Road, Borrowdale Harare in execution of a judgment against Mydale International (Pvt) Ltd and Dr Rob Kelly. Glynis Kelly claimed ownership of the property, producing vehicle registration books and a property ownership agreement with her husband dated 3 September 2016.
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