HH 340-18 DIESEL TECHNICAL (PVT) LTD versus FLORENFIELD MINING (PVT) LTD and Ors

DIESEL TECHNICAL (PVT) LTD

versus

FLORENFIELD MINING (PVT) LTD

and

GEOFIELD MINING SERVICES (PVT) LTD

and

THE SHERIFF OF ZIMBABWE

and

PHILEMON MACHANA

and

VELOCITY MOTORS (PVT) LTD

 

 

 

HIGH COURT OF ZIMBABWE

KWENDA J

HARARE, 30 May 2018 and 5 June 2018 & 8 June 2018

 

 

Urgent Chamber Application

 

 

T. C Hungwe, for the applicant

R. F Mushoriwa, for the 1st respondent

M Moyo, for the 2nd respondent

S Simango, for the 4th, 5th respondents

No appearance for the 6th respondent

 

 

            KWENDA J: This is an urgent application for an interim order for the safe custody of a JCB 3CX machine (hereinafter the machine) sold in execution pending the cancellation of the sale on the return date. The applicant avers that the machine was sold in the execution without its knowledge. It averred, further, that the machine belongs to it. The first respondent who had possession of the machine while leasing from the applicant neglected to advise it of the judicial attachment and seizure of the machine at its premises. Accordingly it did not institute interpleader proceedings because it had no knowledge of the seizure. The applicant attached a lease agreement 

Download File: 

Tags: 

2018