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Harare High Court

The Sheriff of Zimbabwe v Victor Kuslya and Larisa Purysheva and Angelos Investments and Oneski Iemelianov and Abel Jonathan Peters and Stephen Hove

HH 531-18

Case Details

Court
Harare High Court
Date
19 September 2018
Citation
HH 531-18
Neutral Citation
[2018] ZWHH 531
Outcome
unknown
Case Type
Application

Bench

Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Civil ProcedureExecutionInterpleader Proceedings
Keywords
writ of executionjudicial attachmentvehicle ownershipfraudulent transferasset stripping
Tags
interpleaderexecutionasset strippingfraudulent transfer
legislation
Statutes Cited
  • No statute or statutory provision was quoted, interpreted or applied. The entire decision rests on common-law principles.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the claimants have proven ownership of the attached vehicles","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicle registration documents, timing of transfers, possession by Oleg Sokolov"}
  • {"issue_text":"Whether the vehicle transfers were genuine or constituted asset stripping","issue_type":"fact","dispositive":"yes","related_facts":"Timing of transfers, relationship between parties, continued possession by judgment debtor's director"}
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background
Facts of the Case

Background

The Sheriff attached seven vehicles at 29 Windmill Lane Quinnington, Harare pursuant to a writ of execution against DTZ OZGEO (Pvt) Ltd. Various individuals and a company claimed ownership of the vehicles, alleging they were mistakenly attached. The vehicles had been transferred from the judgment debtor to the claimants after an arbitral award was granted against DTZ OZGEO (Pvt) Ltd.
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