3. Who may serve process. The property was attached at stand no. joinder of See PRACTICE AND PROCEDURE (Joinder of parties). [Date of commencement: 1st January, 1932.] However, when Moyo’s property was attached by the Sheriff of the High Court his wife, Yeyani Moyo, instituted interpleader proceedings, but the application was dismissed. (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. She said that the judgment debtor has since ceased to operate and now exists in name only. Actions for Possession of Land . 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. DUBE J. HARARE, 13 May … Interpleader proceedings. 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. Read, highlight, and take notes, across web, tablet, and phone. 380/1964 THE … HUSBAND AND WIFE See FAMILY LAW (Husband and wife). See the case of contract illegal for want of compliance with statutory formalities . The court may, in and for the purpose of any interpleader proceedings, make – (a) all such orders as to any additional expenses of execution occasioned by the claim as it thinks just; and (b) such order as it thinks just as to the payment of costs incurred by the applicant. WRONGFUL ARREST See DAMAGES (Delictual – unlawful arrest and imprisonment), WRONGFUL DISMISSAL See EMPLOYMENT (Wrongful dismissal). 2. He managed to rebut the presumption that the motor vehicle belongs to the judgment debtor since it was attached at the judgment debtor’s premises. The parties are agreed on the law regarding onus of proof in interpleader proceedings and the requirements to be satisfied by the claimants. Instituting and defending proceedings. The stakeholder may invoke Rule … Right to property protection against deprivation of property without fair compensation, appointment of members of board by relevant Minister, Corporation's property not State property, limits on Minister's discretion as to who may be appointed, when may be regarded as an organ of the State, Arbitration clause in contract See ARBITRATION (Arbitration clause), vicarious liability for breach of contract, purpose of award of damages (Breach of contract), election by innocent party to terminate or abide by contract, rights accrued before the date of termination, when need not be accepted as constituting entire contract between parties, when clause may relieve party of liability for negligence, essential requirements (Formation of contract), mental capacity of contracting party (Formation of contract), agreement between parties involving a contravention of Exchange Control, agreement to pay foreign currency for item purchased in Zimbabwe, agreement understating purchase price so as to avoid capital gains tax and, contract illegal for want of compliance with statutory formalities, contravention of Estate Agents Act [Chapter 27:05], impossibility when extinguishes obligations under contract, supervening impossibility alleged by non-performing party, whether contract one of hire or for services, Right of first refusal or pre-emption See SALE (Option), renunciation of exceptions non causa debiti, non numeratae pecuniae and errore calculi, contract made in breach of statutory prohibition, contract providing that loan be repaid in foreign currency, justus error on part of party to contract, Costs incurred before commencement of proceedings, exceptional measure for cases involving neglect or impropriety, may be ordered for failure to advise clients correctl, practitioner accepting appointment as executor dative, practitioner advising client to disobey court order, practitioner making unsubstantiated allegations of impropriety against another officer of court, Filing of voluminous and unnecessary documents in a court application, dishonest conduct and behaviour by applicant, general behaviour of litigants throughout the litigation completely unjustified, lack of bona fides and deplorable conduct, party to civil dispute wrongfully having recourse to criminal law, duty to obey order and seek redress afterwards, need to show that person knew of court order, party allegedly in contempt approaching court for relief, requirement that applicant purge its contempt before approaching court for relief, jurisdiction of the High Court in labour matters, Juvenile court See also COURT (Children’s court), Labour Court See EMPLOYMENT (Labour Court), Precedent See PRACTICE AND PROCEDURE (Stare decisis), Vexatious proceedings See PRACTICE AND PROCEDURE (Abuse of process), Assault with intent to do grievous bodily harm, Unlawful entry into premises followed by theft of property therefrom, CRIMINAL LAW (Other Offences Under Criminal Law Code), Being found in possession of goods in regard to which there is a reasonable suspicion that they were stolen, CRIMINAL LAW STATUTORY OFFENCES (Other than offences under Criminal Law Code), Copyright and Neighbouring Rights Act [Chapter 26:05], Criminal Law Amendment Act [Chapter 9:05], Law and Order (Maintenance) Act [Chapter 11:07], Miscellaneous Offences Act [Chapter 9:15], Prevention of Corruption Act [Chapter 9:16], Public Order and Security Act [Chapter 11:17], accused appearing in court after High Court order issued, exceptions, provisos and exemptions (charge), Indictment See CRIMINAL PROCEDURE (Charge), Insanity See CRIMINAL PROCEDURE (Verdict – special verdict), Postponement See CRIMINAL PROCEDURE (Remand), Sentence See CRIMINAL PROCEDURE SENTENCE General Principles, Specification of person suspected of corruption offences, special verdict on grounds of accused’s insanity, CRIMINAL PROCEDURE (SENTENCE) Common Law Offences, Crimes of dishonesty unaccompanied by violence (Sentence; common law), extenuating circumstances in murder sentencing, infanticide See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – infanticide), Receiving stolen property knowing it to have been stolen v, Stock theft See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – stock theft), CRIMINAL PROCEDURE (SENTENCE) General Principles, Back-dating of prison sentence to date of convicted person’s arrest, Matters which court may take into account (Sentence), CRIMINAL PROCEDURE (SENTENCE) Offences Under Criminal Law Code, Crimes of dishonesty unaccompanied by violence (Sentence; Code), Unlawful entry and theft (Sentence; Code), CRIMINAL PROCEDURE (SENTENCE) Statutory offences, Control of Goods (Price Control) Regulations, 2001 (Sentence), Drugs and Allied Substances Control Act [Chapter 320 of 1974] (Sentence), Penalty provision in statute – effect (Sentence; Statutory), Precious Stones Act [Chapter 21:06] (Sentence), Prevention of Corruption Act [Chapter 9:16] (Sentence), Public Order and Security Act [Chapter 11:17] (Sentence), Sexual Offences Act [Chapter 9:21] (Sentence), distribution of matrimonial estate (CUSTOMARY LAW), matter capable of resolution by either general law or customary law, no agreement between parties that it should apply, wife’s entitlement to division of estate (CUSTOMARY LAW), consideration to applicable customary principles of succession, approach to be followed in magistrates courts, bigamous marriage, effects of (Family law -CUSTOMARY LAW), customary marriage followed by civil marriage, division of property following divorce (Family law -CUSTOMARY LAW), effect - rights of father of child of customary law marriage, entitlement to share of matrimonial (CUSTOMARY LAW), formalities required in customary law marriage, husband and wife (Family law -CUSTOMARY LAW), property rights under customary law marriage, testing validity of customary law marriage, husband marrying a second wife under civil law while first marriage subsisted, rights of widow under customary law to share of estate. DECEASED ESTATE See ADMINISTRATION OF ESTATES. She said that these were goods which were in her home. In proceedings of this nature the claimant must set out facts and allegations which constitute proof of ownership. Customary law See CUSTOMARY LAW (Family law). must rebut that presumption by clear satisfactory evidence.”. agreement be determined by way of interpleader proceedings for the relief of any person desiring so to interplea d. (2) Where in any interpleader proceedings it is proved that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, relates, the court . The local court is … S Chako, for the judgment creditor. 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. The registration book and the agreements of sale help show how the motor vehicle changed hands from the first owner to the first claimant. 205A. 9. Interpretation. The first problem is that there is no evidence whatsoever to show that these goods belong to the second claimant. C.Malaba, for the applicant. ORDER 6 WHEN LEAVE OF COURT REQUIRED FOR ISSUE OF PROCESS 1. 4. Interpleader notice: conflicting claims. Therefore it will be improper for her property to be attached to satisfy the debt of the judgment debtor. HARARE, 12 & 21 March 2018, M Moyo, for the applicantF Siyakurima, for claimantJ Wood, for judgment creditor, THE SHERIFF OF ZIMBABWE                                         APPLICANT, BEVYZONE INVESTMENT (PVT) LTD                           CLAIMANT, FORWARD MUKONYO                                                      1ST JUDGEMENT CREDITOR, CHIPO CHINDANGA                                                             2ND JUDGMENT CREDITOR, BRIAN SAKALA                                                                    3RD JUDGEMENT CREDITOR, HARARE, 31 October 2017 & 18 January 2018. about The Sheriff for Zimbabwe v Masango & 2 Others (HH 448-19, HC 11275/18) [2019] ZWHHC 448 (03 July 2019); about The Sheriff of Zimbabwe v P. T Zhanda & Sons Private Limited & 2 others (HH 35-19, HC 5243/18 X Ref HC 1258/18) [2019] ZWHHC 35 (23 January 2019); about The Sheriff for Zimbabwe v Mahachi & Another (HMA 34-18, HC 98/18 Ref Case No. No. The Appellant was also granted physical custody of the children of the family with liberal access to the Respondent. The Sheriff for Zimbabwe v Masango & 2 Others (HH 448-19, HC 11275/18) [2019] ZWHHC 448 (03 July 2019); The Sheriff of Zimbabwe v P. T Zhanda & Sons Private Limited & 2 others (HH 35-19, HC 5243/18 X Ref HC 1258/18) [2019] ZWHHC 35 (23 January 2019); The Sheriff for Zimbabwe v Mahachi & Another (HMA 34-18, HC 98/18 Ref Case No. 17 of 2002), Labour Relations Tribunal See also EMPLOYMENT (Labour Court), Unlawful interference with right to earn a living, Urban council employee See EMPLOYMENT (Employee - urban council employees), Vicarious liability of employer for delictual acts of employee, Vicarious liability of master for delictual acts of servant, Vicarious liability of master for negligence of a third party employed by servant, Practising as estate agent without being registered, Admissions See CRIMINAL PROCEDURE (Admissions), Demeanour See EVIDENCE (Credibility - demeanour), EX PARTE APPLICATION See PRACTICE AND PROCEDURE (Application - ex parte), EXCEPTION See PRACTICE AND PROCEDURE (Exception), Exchange Control Regulations 1996 (SI 109 of 1996), Offences under exchange control legislation relating to foreign currency, EXECUTION See PRACTICE AND PROCEDURE (Execution), EXECUTOR See ADMINISTRATION OF ESTATES (Executor), EXTRADITION See CRIMINAL PROCEDURE (Extradition), child removed from jurisdiction by one parent, legitimacyof child born during subsistence of customary law marriage -, return of child to country of habitual residence. HAROLD CROWN. 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. Labour Court See also EMPLOYMENT (Labour Relations Tribunal). In her two affidavits the second claimant does not explain why she does not have any receipts. In casu the fact that the movable goods were attached at the judgment debtor’s premises raises the presumption that they belong to the judgment debtor. 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. Get Textbooks on Google Play. 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). ZIMBABWE ACT To make amendments to Acts to bring them into conformity with the Constitution; and to provide for matters connected with or incidental to the foregoing. Labour Relations interpleader proceedings in zimbabwe ) satisfy its debt be improper for her property to be attached to satisfy debt. Not exhausted ( application ), pleadings See PRACTICE and PROCEDURE ( rescission interpleader proceedings in zimbabwe... Breastfeeding a baby: did she commit a criminal offence court PROCESS to... 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