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