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Supreme Court
WELLI-WELL (PRIVATE) LIMITED v (1) MALVERN IMBAYAGO (2) THE SHERIFF OF ZIMBABWE
Judgment No. SC 08/21
Case Details
Court
Supreme Court
Date
9 March 2021
Citation
Judgment No. SC 08/21
Neutral Citation
[2021] ZWSC 8
Judgment No.
SC 08/21
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MATHONSI JA
Full Bench
BHUNU JAMATHONSI JACHITAKUNYE AJA
Areas of Law
Company LawProperty LawCivil Procedure
Keywords
Separate legal personalityOwnershipLocus standiShareholderBeneficial ownership
Tags
Interpleader proceedingsJudicial attachmentExecution of judgmentShareholding
legislation
Statutes Cited
- N/A
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in finding that the appellant had failed to prove ownership of the goods placed under attachment.","issue_type":"fact","dispositive":"yes","related_facts":"Appellant's claim of ownership based on shareholding and alleged possession; discrepancies in sale agreements; separate legal personality of Jon's Engineering (Private) Limited."}
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background
Facts of the Case
Background
The sheriff attached movable property at stand no. 499 Goodwin Road, Willowvale, Harare, believing it belonged to the judgment debtor, B. M. Graphics. The appellant claimed ownership, arguing it owned the stand by virtue of being the sole shareholder of Jon's Engineering (Private) Limited, the registered owner of the stand. The High Court found the appellant failed to prove ownership and dismissed its claim.
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