HH 272-18 THE SHERIFF OF ZIMBABWE and Ors versus EVE CHRISTINE GAHADZIKWA

THE SHERIFF OF ZIMBABWE

and

KUDZANAI MAPANGA

and

JOHN RASAI MAPANGA

and

SITHOKOZILE T MUREWA

versus

EVE CHRISTINE GAHADZIKWA                       

 

 

 

IN THE HIGH COURT OF ZIMBABWE                                             

MAKONI J                                                                                           

HARARE, 15 March, 2018

 

Opposed Matter

 

 

Ms F. Mabungu, for the applicant

P Chakanyuka, for the claimant

Ms S. Mangwengwende, for the judgment creditor

 

 

MAKONI J: These are interpleader proceedings instituted by the applicant on the instructions of the three claimants who are laying a claim to a property that was attached by the applicant. The judgment creditor had obtained a judgment against the judgment debtor who is the owner of the property in issue. The parties are agreed on the law regarding onus of proof in interpleader proceedings and the requirements to be satisfied by the claimants. Parties are also agreed on the law relating to ownership of immovable property specifically that one can only acquire real rights upon registration of title in the deeds registry office and that a party such as the claimant in this matter, who have agreements of sale only have personal rights which can only be exercised against the judgment debtor or the seller. See Takafuma v Takafuma 1994 (2) ZLR 103 (5) pp 105-106 where the court said;

“The registration of rights in immovable property in terms of the Deeds Registries Act          [Chapter 139] is not a mere matter of form. Nor is it simply a device to confound creditors or tax       authorities. It is a matter of substance. It conveys real rights upon those in whose name the       property is registered. See the definition of ‘real rights’ in s 2 of the Act. The real right of    ownership, or jus in re propria, is the ‘sum total of all the possible rights in a thing.”

 

Download File: 

Tags: 

2018