Therefore it will be improper for her property to be attached to satisfy the debt of the judgment debtor. 2. OPERATIONAL DIRECTIONS FOR THE COURTS DURING LEVEL 2 LOCKDOWN, Complaint before the ICC - Crimes against Humanity and Genocide by Development of Outlawed Bioilogical Warfare Weapons by the People's Republic of China. Court may Order Separate Trials . Since its inception this Journal has had an Editorial Board consisting of editors from the Faculty of Law at the University of, Using religion to sexually exploit young female parishioners Case note on the Gumbura rape cases - By Geoff Feltoe, When Culture Clashes with the Criminal Law Case note on S v Hamunakwadi 2015 (1) ZLR 392 (H); S v Musino HH-158-17 and S v Taurayi HH-298-90 By Geoff Feltoe, Aligning the Administrative Justice Act with the Constitution, Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe, SELECTED ASPECTS OF THE 2013 ZIMBABWEAN CONSTITUTION AND THE DECLARATION OF RIGHTS, African Customary Law, Customs, and Women's Rights - Muna Ndulo, A GUIDE TO ADMINISTRATIVE AND LOCAL GOVERNMENT LAW IN ZIMBABWE, Commentary on the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Affidavit by applicant. The stakeholder may invoke Rule … Attorney-General (LEGAL PRACTITIONER) See also CRIMINAL PROCEDURE (Attorney-General). HUSBAND AND WIFE See FAMILY LAW (Husband and wife). In the heads of argument a party or his or her legal practitioner should simply outline the submissions they intend to rely on and also set out the authorities if any, they intend to cite. Mr Kunze also argued that by failing to change ownership of the motor vehicle into his name within two weeks of purchasing it as is required in terms of s 14 of the Vehicle Registration and Licensing Act [Chapter 13:14], the second claimant was in violation of the law and as such it rendered him not to be the owner of the motor vehicle. … 205. 3. Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: MAGISTRATES’ HANDBOOK FOR CRIMINAL CASES. 6HUYLFH ZKHUH SHUVRQ WR EH VHUYHG … She argued that although she had not presented documents which show that the goods are hers, that alone should not defeat her claim. HC 1148/15) [2018] ZWMSVHC 34 (13 June 2018); about Smit Investment Holdings SA (Proprietary) Limited & Another v The Sheriff of Zimbabwe & Another (SC 33/18, Civil Appeal No. With respect to the second claimant it is ordered that: Kantor and Immerman, applicant’s legal practitioners, J Mambara & partners, 1st  and 2nd claimants’ legal practitioners, Chihambakwe, Mutizwa & Partners, judgment creditor’s legal practitioners, Midlands State University Law Review Journal, University of Zimbabwe Student Law Review Journal, Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19, Guilt by association: the over-extension of the doctrine of common purpose, Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper, The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, The Role of the Criminal Law in the Protection of Women Against Gender-Based Violence: Case note on S v Jeri HH-516-17, Accessing information held by the State and State institutions Case note on Hitschmann v City of Mutare & Anor HH-211-16. interpleader proceedings in the High Court for a ruling on the competing claims. JOHN RASAI MAPANGA. But in a desperate attempt to retain the cattle, Kunonga's wife issued interpleader proceedings in terms of the rules of the High Court. Actions for Possession of Land . Magistrates Court Act AN ACT to consolidate and amend the law relating to courts of magistrates, and to provide for the examination, by interrogatories, of persons resident in Zimbabwe, whose evidence is required in civil cases pending in any magistrates court in any neighbouring state. effect of failure to file heads of argument timeously, time within which heads of argument to be filed, application for order that State employee be held in contempt of court, claim in reconvention by defendant in main action, different respondents having conflicting interests, claim expressed in foreign currency (Judgment), currency in which judgment may be expressed, default See PRACTICE AND PROCEDURE (Default judgment), determination of issues raised (Judgment). Joinder of Causes of Action . agreement to pay foreign currency for item purchased in Zimbabwe. No. Labour Relations Amendment Act 2002 (No. 3. Who may serve process. KUDZANAI MAPANGA. APPLICATION See PRACTICE AND PROCEDURE (Application). duty to disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence, Bank allowing customer to draw against uncleared effects, Party not blamed in any way by judgment (BILL OF COSTS), Procedure and practice of the High Court in enforcing the constitutional bill of rights, BILLS OF EXCHANGE AND NEGOTIABLE INSTRUMENTS, BIRTHS AND DEATHS See also FAMILY LAW (Child birth registration), Matters exclusively ecumenical or ecclesiastical in nature, CITIZENSHIP See also CONSTITUTIONAL LAW (Citizenship), CIVIL PROCEDURE See PRACTICE AND PROCEDURE, Proceedings by and against a close corporation, Administrative justice (See Constitutional law — Fundamental rights — Administrative justice), Attorney-General (Constitutional Law) See also CRIMINAL PROCEDURE. 2 8. PORTRIVER INVESMENTS (PVT) LTD HIGH COURT OF ZIMBABWE. Juvenile court See COURT (Juvenile court). 207. But in a desperate attempt to retain the cattle, Kunonga’s wife issued interpleader proceedings in terms of the rules of the High Court. Joinder of Parties . The above argument brings me to the argument that the agreements of sale are prima facie proof of ownership. On 27 September 2012 the Appellant commenced divorce proceedings and the court granted him a decree nisi of divorce on 19 December 2012. The property was attached at stand no. Case note on S v Semba HH-299-17, A ray of hope for the outlawing of corporal punishment in Zimbabwe: A review of recent developments, Doctors who cause the patient deaths Case note on S v McGown 1995 (1) ZLR 4 (H), Judicial appointment in Zimbabwe: defining the concept of “fit and proper person” research paper submitted to the Faculty of Law of the Midlands State University, Reporting a court case arising from false social media report Casenote on Mushunje v Zimbabwe Newspapers, Should provocation be a partial defence to intentional killing of an adulterous spouse? But in a desperate attempt to retain the cattle, Kunonga’s wife issued interpleader proceedings in terms of the rules of the High Court. Representation of Stools and Families . Impossibility. The second problem is that it is not in dispute that the property was attached at Stand No. The Mazda 323 as set out in the Notice of Service and Attachment dated 16 January 2014 issued by the applicant is declared not executable. Case note on S v Semba HH-299-17, A ray of hope for the outlawing of corporal punishment in Zimbabwe: A review of recent developments, Doctors who cause the patient deaths Case note on S v McGown 1995 (1) ZLR 4 (H), Judicial appointment in Zimbabwe: defining the concept of “fit and proper person” research paper submitted to the Faculty of Law of the Midlands State University, Reporting a court case arising from false social media report Casenote on Mushunje v Zimbabwe Newspapers, Should provocation be a partial defence to intentional killing of an adulterous spouse? 1 Short title This Act may be cited as the General Laws Amendment Act, 2016. DUBE J. HARARE, 13 May … It would therefore mean that the judgment creditor has no basis for having this motor vehicle sold in order to satisfy its debt. MUREMBA J: Turnall Holdings Limited which is the judgment creditor obtained judgment in case no HC 3734/11 on 20 July 2011 against Sherland Enterprises (Pvt) Ltd.  Pursuant to that judgment it instructed the applicant to attach certain property. The onus is on the claimant to prove ownership of the property so claimed. In a civil claim for damages the proceedings had reached the point where D an order was made at a case ... Coetzee and Another v National Railways of Zimbabwe [1983] B.L.R. The first claimant Shephard Mayaya claims that the Mazda 323 AAW 2029 is his whilst the second claimant Daphne Makotore lays claim to household property. 209. The registration book and the agreements of sale help show how the motor vehicle changed hands from the first owner to the first claimant. LOCUS STANDI See PRACTICE AND PROCEDURE (Locus standi). 7. Equality before the law and equal protection of the law, Exploitation degredation abuse or trafficking, Harmful practices affecting the rights of women, Torture cruel inhuman or degrading treatment, ILLEGALITY See CONTRACT (Enforceability) and CONTRACT (Illegality), House forming part of matrimonial estate but registered in sole name of husband, Personal right in respect of immovable property, IMPOSSIBILITY See CONTRACT (Impossibility), IMPRISONMENT See CRIMINAL PROCEDURE (SENTENCE) General Principles, INCOME TAX See REVENUE AND PUBLIC FINANCE (Income Tax), INFORMATION TECHNOLOGY See COMPUTERS AND INFORMATION TECHNOLOGY, INSTALMENT SALE See SALE (Immovable property - instalment sale), nature of protection granted by copyright, selling of infringing copies of CDs and DVDs, priority in time of application for registration, similarity likely to lead to trade mark confusion, unauthorised use of a mark so nearly resembling a registered trade mark. HIPPO Valley Estates, the showcase of agro-industrialisation in this country in the 1960s and 70s, is under threat from government's controversial land reform. Sale in execution See PRACTICE AND PROCEDURE (Execution – sale). In her two affidavits the second claimant does not explain why she does not have any receipts. The Appellant was also granted physical custody of the children of the family with liberal access to the Respondent. AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED. Frivolous and vexatious See PRACTICE AND PROCEDURE (Abuse of process). 2. In her affidavit which she deposed to soon after the property had been attached on 20 January 2014 the second claimant stated that her connection with the judgment debtor is that she was a director of it. THE SHERIFF OF ZIMBABWE                                          APPLICANT, P. T ZHANDA & SONS PRIVATE LIMITED                    1ST CLAIMANT, MICHAEL ZHANDA                                                           2ND CLAIMANT, ZIMBABWE NATIONAL WATER AUTHORITY            JUDGMENT CREDITOR, HARARE, 26 September 2018, 4 October 2018 and 23 January 2019, A. Chinamatira, for the judgment creditor, (1)     SMIT     INVESTMENT     HOLDINGS     SA     (PROPRIETARY)     LIMITED     (2)     GENET     MINING     (PROPRIETARY)     LIMITED, VIRGINIA SIBANDA                                                          CLAIMANT, OLD MUTUAL PROPERTY INVESTMENT                      JUDGMENT CREDITOR, COLLEEN BEATRICE BENATAR (JUDGMENT CREDITOR), HIGH COURT OF ZIMBABWE In Cape Pacific Ltd v Investments (Pvt) Ltd and Others 1995 (4) SA 790 (AD) at 803 it was said, “It is undoubtedly a salutary principle that our courts should not lightly disregard a company’s separate personality, but should strive to give effect to and uphold it. During the hearing of the civil matter, Mrs Kunonga brought invoices to show that she was the one who bought the cattle. With this, the judgment creditor now had the reverse onus to rebut the prima facie proof that the motor vehicle belongs to the first claimant. urgent See PRACTICE AND PROCEDURE (Urgent application), withdrawal by applicant after set down (Application), Attachment – to found or confirm jurisdiction, opposed application set down as unopposed, class action may only be brought in High Court, condonation of non-observance of any time limit, late appearance of entry to defend default judgment, not a decision on the merits (Default judgment), matter pending in Labour Relations Tribunal, documents in possession of third party (Discovery), information in possession of third party regarding wrongdoing (Discovery), Dispute of facts (PRACTICE AND PROCEDURE), exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi, Deputy Sheriff’s entitlement to commission. Then in her affidavit of 25 February 2014 in response to this application second claimant stated that the household goods were attached at her house. The first claimant also attached an agreement of sale which was entered into between African Sun Limited (Zimsun) and Simeon Mandeya for the sale of the Mazda 323. Fees and costs. A claim should stand or fall on its founding papers. Electoral Supervisory Commission See below, under ELECTIONS (Electoral Supervisory Commission). In Salomon v Salomon & Co Ltd [1897] AC 22 (HL) and Dadoo Ltd and others v Krugersdorp Municipal Council 1920 AD 530 at 550 the same principle that a company is a separate entity distinct from its members was enunciated. In an interpleader application the law is settled. The claimant must prove on balance of probabilities that the property is his or hers: Bruce N.O v Josiah Parkers and Sons Ltd 1972 (1) SA 68 (R) at 70 C-E. Consequent upon such attachment the claimants laid claim to the property. the second claimant’s claim to the movable gods placed under attachment in execution of judgment HC 3734/11 is hereby dismissed. She does not even explain when she acquired these goods. There is also a receipt which shows that Simeon Mandeya paid US $2 000.00 on 6 January 2012 for the purchase of the said motor vehicle. The judgment creditor also argued that what compounds the first claimant’s claim is that the motor vehicle was attached at the judgment debtor’s premises. Customary law See CUSTOMARY LAW (Family law). macroeconomic situation in Zimbabwe has deteriorated markedly over the last three years, and since 1999 the country has been facing a deep crisis. and. However, she did not say when it ceased to operate. So the fact that the Mazda 323 was attached at the judgment debtor’s premises raises the presumption that the motor vehicle is the property of the judgment debtor. The judgment creditor pays the costs of the first claimant and the applicant. The agreement of sale that is in the first claimant’s favour constitutes prima facie proof that he is the owner of the Mazda 323. If we were to go by the argument that a registration book is proof of legal ownership then it would mean that in the present case the owner of the Mazda 323 is Zimsun Leisure Group. [Date of commencement: 1st January, 1932.] 208. HC 1148/15) [2018] ZWMSVHC 34 (13 June 2018); Smit Investment Holdings SA (Proprietary) Limited & Another v The Sheriff of Zimbabwe & Another (SC 33/18, Civil Appeal No. (HONS) PART 3 (2010) SYLLABUS The Procedure of the High Court and Supreme Courts of Zimbabwe contained in: High Court of Zimbabwe Act, Chapter 7.06 (formerly No. Failed to explain according to subject matter of claims agreement understating purchase so! For any person who is, or may be exposed to double or multiple liabilities this! 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