HH 269-18 THE DEPUTY SHERIFF OF THE HIGH COURT versus SAIROS LAMECK and Ors

THE DEPUTY SHERIFF OF THE HIGH COURT

versus

SAIROS LAMECK

and

YELO EGG (PVT) LTD

and

TIMOTHY LAMECK

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE, 2 October 2017 and 24 May, 2018

 

Opposed Application

 

Z.W Makwanya, for the claimant

F. Mahere, for the judgment creditor

 

              CHITAKUNYE J. This is an application in terms of Order 30 r 205 A as read with r 207 of the High Court Rules, 1971. The claimant and the judgment debtor are father and son. They reside at the same homestead in Dera Village UB40 Juru. The homestead is for the claimant and his family. It is common cause that both the claimant and the judgment debtor were at some point employed by the judgement creditor. The claimant’s employment was terminated in August 2014. It is, however, not clear as to when the judgement debtor’s employment came to an end.

              The judgment creditor, Yelo Egg (pvt) Ltd, obtained judgment against the judgment debtor in case number HC 3398/15 on 8 July 2015.  The judgment creditor later obtained a writ of execution and subsequently instructed the applicant to attach certain movable property at Dera Village UB40 Juru. The applicant duly attached the movable property as listed in his notice of attachment dated 17 November 2015. The property attached included: a Nissan Registration Number ADW 5474 pickup motor vehicle; Kitchen table x 2 with 8 chairs; PA System High-tech solar with 4 speakers plus key board; Flat TV 42 inch plus TV Stand, a set 

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2018