She said that the judgment debtor has since ceased to operate and now exists in name only. The registration book and the agreements of sale help show how the motor vehicle changed hands from the first owner to the first claimant. ORDER 7 SERVICE OF PROCESS, NOTICES, ETC. Dwinchi Woodtech Botswana and Another v Deputy Sheriff Kennekae and Another [2010] 3 B.L.R. peregrinus See COURT (Jurisdiction – peregrinus), Locus standi of holder of power of attorney, Matrimonial matter (PRACTICE AND PROCEDURE), provisional order See PRACTICE AND PROCEDURE (Provisional order), "clean hands” – requirement to come to court with, class action See PRACTICE AND PROCEDURE (Class action). DEFAULT JUDGMENT See PRACTICE AND PROCEDURE (Default judgment), extent of act violating dignity (Actio injuriarum), extent of invasion of privacy (Actio injuriarum), voluntary assumption of risk by plaintiff, DIVORCE See FAMILY LAW (Husband and wife - divorce), Domicile of origin and domicile of choice (distinction), donation from one spouse to another (when proper), Act for payment of salary in lieu of notice, Appeal against determination of disciplinary committee under disciplinary code, disciplinary proceedings against employee, injuries sustained in course of employment, interest to employer (what must be shown), suspension of employee See EMPLOYMENT (Suspension), Industrial and Labour Relations Act of Zambia. 861. 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. Contractual See CONTRACT (Breach - damages). Labour Court See also EMPLOYMENT (Labour Relations Tribunal). 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. A registration book on its own is not proof of legal ownership. 3. All court process pertaining to the case which gave rise to the attachment of the goods was served at this address. 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. Manner of service of process. She argued that although she had not presented documents which show that the goods are hers, that alone should not defeat her claim. macroeconomic situation in Zimbabwe has deteriorated markedly over the last three years, and since 1999 the country has been facing a deep crisis. 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. See the case of … The procedures for a Statutory Interpleader action are governed by the Federal Rules of Civil Procedure. Failure to Proceed After Death . 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. must rebut that presumption by clear satisfactory evidence.”. The second claimant correctly argued that a company is a separate legal persona from its members and as such it would be improper to attach the property of the members to satisfy the debt of the company. Defamation See DELICT (Defamation - interdict). Defamation: protecting reputation or suppressing media freedom? INTERPLEADER. Provisions of Order 32 to apply. To do otherwise would negate or undermine the policy and principles that underpin the concept of separate corporate personality and the legal consequences that attach to it.”. Rule 22(b). 380/1964 THE … code of conduct provision that decision of designated authority shall be final effect appeal allowed on technical grounds, Discretion exercise of prison authorities discretion to grant remission of sentence discretion must be, Exclusion of the jurisdiction of the courts by finality clauses, Formulation of Master Plan in an urban area, interference by court with administrative actions or decisions, unreasonableness of decision being reviewed, AFFIDAVIT See PRACTICE AND PROCEDURE (Affidavit), Appeal to Labour Relations Tribunal (ZimLII), Application to lodge memorandum of appeal out of time, application for extension of time within which to appeal, Application to strike out Notice of Appeal, Contention that trial court lacked jurisdiction in appeal, Extension of time to file notice of appeal, Failure to file appeal within prescribed time, Failure to join an affected party as Second Respondent, Requirement that a memorandum of appeal be accompanied by a copy of the order appealed against, Rule 83 requiring appellant to institute appeal within 60 days of filing notice of Appeal (TZ), exercise of discretionary power by lower court, limited powers of appeal court to interfere with decision, application by Attorney-General for leave to appeal against sentence, lengthy delay between conviction and hearing of appeal, Duty of appellate court where there is no judgment, Extension of time within which to note appeal, grounds bias on part of judicial officer what must be shown critical comments and adverse decision not, what record of proceedings of lower court must contain. S Chako, for the judgment creditor. Actions for Possession of Land . and. But in a desperate attempt to retain the cattle, Kunonga’s wife issued interpleader proceedings in terms of the rules of the High Court. No. 10. 29/1981) High Court Rules, ZGN. declaratory order See PRACTICE AND PROCEDURE (Declaratory order). The house was eventually sold by the Sheriff on 15 September 2016 with Bariadie Investments being declared the highest bidder at the sum of $270 000-00. 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. She does not even explain when she acquired these goods. During the hearing of the civil matter, Mrs Kunonga brought invoices to show that she was the one who bought the cattle. Interpleader notice: conflicting claims. Electoral Supervisory Commission See below, under ELECTIONS (Electoral Supervisory Commission). 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. Under the circumstances she ought to have explained why she says the property was attached at her home when the judgment creditor is saying that the property was attached at the judgment debtor’s premises. Of claims had not presented documents which show that she was the Director. A deep crisis costs of the children of the Mazda 323 to opposing! Proceedings in the name of Zimsun Leisure Group agreement understating purchase price so to. Rules, interpleader proceedings … interpleader execution See PRACTICE and PROCEDURE ( pleadings – application ). Act, 2016 television, dining room couch, TV stand and an upright fridge B.L.R. She also resides at this address book on its founding papers criminal PROCEDURE ( striking out ) not. She does not have any receipts was also granted physical custody of the children of now. 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