MARRIAGE See CUSTOMARY LAW (Marriage) and FAMILY LAW (Husband and wife - marriage), In pari delicto mellor est conditio possidentis Logan v Sibiya 2002 (1) 531 (H), MENTAL DISORDERS See CRIMINAL LAW Defences (Insanity) and CRIMINAL PROCEDURE (Verdict - special verdict), Appeal - court martial - appeal against decision of, MISJOINDER See PRACTICE AND PROCEDURE (Joinder), NATIONALITY See CONSTITUTIONAL LAW (Citizenship), OCCUPIER See PROPERTY AND REAL RIGHTS (Occupier), OWNERSHIP See PROPERTY AND REAL RIGHTS (Ownership), PARLIAMENT See CONSTITUTIONAL LAW (Parliament), division of property following dissolution of partnership, essentials not necessarily conclusive to existence of a partnership, need to show that business was being carried out for joint benefit of both partners, breach by one party of duty of good faith (PARTNERSHIP), unfinished partnership business after de facto termination of agreement, Applicability of action other than in trade relationships (PASSING OFF), Requirements to establish claim (PASSING OFF), Use of distinctive word and packaging (PASSING OFF), officer convicted and sentenced in a magistrates court, act in defence of third party property (POLICE), enforce law and protect constitutional right to protection of the law (POLICE), Police officer – discipline See POLICE (Discipline), Absolution from the instance – principles, application made in respect of ancillary matter, court should lean in favour of case continuing, court's jurisdiction to protect itself from abuse, summary dismissal of action (Abuse of process), ancillary issue not specifically before court, supporting affidavit filed in opposition to claim, what is not denied in affidavits must be taken to be admitted, requirement to serve copy of notice on plaintiff or his legal practitioner, affidavit See PRACTICE AND PROCEDURE (Affidavit), against banking institution placed under curatorship, cause of action must be set out in founding affidavit. 7763, opposite National Sport Stadium Belvedere West, Harare on 16 January 2014. Read, highlight, and take notes, across web, tablet, and phone. Case note on the case of S v Ranchi HH 515-17, The Zimbabwe Electronic Law Journal Now a Refereed Journal and the Editors invite you to contribute articles for future volumes. 7. HAROLD CROWN. Actions for Possession of Land . 7763 Opposite National Sports Stadium, Belvedere West, Harare. LOCUS STANDI See PRACTICE AND PROCEDURE (Locus standi). SITHOKOZILE T MUREWA. par delictum rule (departure from) provision contrary to public policy. 211. PORTRIVER INVESMENTS (PVT) LTD HIGH COURT OF ZIMBABWE. ZIMBABWE ACT To make amendments to Acts to bring them into conformity with the Constitution; and to provide for matters connected with or incidental to the foregoing. HUSBAND AND WIFE See FAMILY LAW (Husband and wife). Ms S. Mangwengwende, for the judgment creditor MAKONI J: These are interpleader proceedings … Whilst the second claimant in her affidavit of 25 February 2015 which is supposed to be her opposing affidavit although it is titled “answering affidavit” stated that the goods were taken from her home and that the goods were in her possession and control, she did not state her home address. The statement said Hippo Valley was not party to the litigation. 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. The household property comprises a metal garden resting bed, television, dining room couch, TV stand and an upright fridge. 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. In an interpleader application the law is settled. Rule 22(b). Defamation: protecting reputation or suppressing media freedom? Affidavit by applicant. Equality before the law and equal protection of the law, Exploitation degredation abuse or trafficking, Harmful practices affecting the rights of women, Torture cruel inhuman or degrading treatment, ILLEGALITY See CONTRACT (Enforceability) and CONTRACT (Illegality), House forming part of matrimonial estate but registered in sole name of husband, Personal right in respect of immovable property, IMPOSSIBILITY See CONTRACT (Impossibility), IMPRISONMENT See CRIMINAL PROCEDURE (SENTENCE) General Principles, INCOME TAX See REVENUE AND PUBLIC FINANCE (Income Tax), INFORMATION TECHNOLOGY See COMPUTERS AND INFORMATION TECHNOLOGY, INSTALMENT SALE See SALE (Immovable property - instalment sale), nature of protection granted by copyright, selling of infringing copies of CDs and DVDs, priority in time of application for registration, similarity likely to lead to trade mark confusion, unauthorised use of a mark so nearly resembling a registered trade mark. Attorney-General (LEGAL PRACTITIONER) See also CRIMINAL PROCEDURE (Attorney-General). Provisions of Order 32 to apply. 3. A registration book on its own is not proof of legal ownership. The penalty for failing to change ownership of a motor vehicle as is required by the law is a fine not exceeding level four or to imprisonment not exceeding 3 months or to both such fine and such imprisonment. 1. joinder of See PRACTICE AND PROCEDURE (Joinder of parties). The Sheriff for Zimbabwe v Masango & 2 Others (HH 448-19, HC 11275/18)  ZWHHC 448 (03 July 2019); The Sheriff of Zimbabwe v P. T Zhanda & Sons Private Limited & 2 others (HH 35-19, HC 5243/18 X Ref HC 1258/18)  ZWHHC 35 (23 January 2019); The Sheriff for Zimbabwe v Mahachi & Another (HMA 34-18, HC 98/18 Ref Case No. The first claimant also attached an agreement of sale which was entered into between African Sun Limited (Zimsun) and Simeon Mandeya for the sale of the Mazda 323. effect of failure to file heads of argument timeously, time within which heads of argument to be filed, application for order that State employee be held in contempt of court, claim in reconvention by defendant in main action, different respondents having conflicting interests, claim expressed in foreign currency (Judgment), currency in which judgment may be expressed, default See PRACTICE AND PROCEDURE (Default judgment), determination of issues raised (Judgment). Rule 22 is known as rule interpleader. She said that the judgment debtor has since ceased to operate and now exists in name only. Joinder of Causes of Action . The Appellant was also granted physical custody of the children of the family with liberal access to the Respondent. 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. In the absence of an explanation of the relationship between the second claimant’s home and the judgment debtor’s business premises it cannot be said that the second claimant managed to show that the property was attached at her home and not at the judgment debtor’s. It would mean that neither the first claimant nor the judgment debtor is the owner of this motor vehicle. 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. An HIV mother breastfeeding a baby: Did she commit a criminal offence? Dwinchi Woodtech Botswana and Another v Deputy Sheriff Kennekae and Another  3 B.L.R. agreement to pay foreign currency for item purchased in Zimbabwe. Failure to Proceed After Death . OPERATIONAL DIRECTIONS FOR THE COURTS DURING LEVEL 2 LOCKDOWN, Complaint before the ICC - Crimes against Humanity and Genocide by Development of Outlawed Bioilogical Warfare Weapons by the People's Republic of China. Interpretation in Order 30. 6HUYLFH ZKHUH SHUVRQ WR EH VHUYHG … INTERPLEADER. MUREMBA J: Turnall Holdings Limited which is the judgment creditor obtained judgment in case no HC 3734/11 on 20 July 2011 against Sherland Enterprises (Pvt) Ltd. Pursuant to that judgment it instructed the applicant to attach certain property. urgent See PRACTICE AND PROCEDURE (Urgent application), withdrawal by applicant after set down (Application), Attachment – to found or confirm jurisdiction, opposed application set down as unopposed, class action may only be brought in High Court, condonation of non-observance of any time limit, late appearance of entry to defend default judgment, not a decision on the merits (Default judgment), matter pending in Labour Relations Tribunal, documents in possession of third party (Discovery), information in possession of third party regarding wrongdoing (Discovery), Dispute of facts (PRACTICE AND PROCEDURE), exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi, Deputy Sheriff’s entitlement to commission. striking out See PRACTICE AND PROCEDURE (Striking out). The second problem is that it is not in dispute that the property was attached at Stand No. Interpretation. Chissano Takes the Baton. The first claimant also attached an agreement of sale which was entered into by and between himself and Simeon Mandeya on 12 August 2012 which shows that he paid US$4 500.00 for the purchase of the same motor vehicle. Her late husband Charles Nyamadzao was the Principal Director. A claim should stand or fall on its founding papers. 28/1981) Supreme Court Rules, RGN. summary judgment See PRACTICE AND PROCEDURE (Summary judgment). However, she did not say when it ceased to operate. 3. 205. SC 780/17)  ZWSC 33 (19 June 2018); about The Deputy Sheriff of the High Court v Lameck & 2 Others (HH 269-18, HC 3398/15)  ZWHHC 269 (24 May 2018); about The Sheriff of Zimbabwe & 3 Others v Gahadzikwa (HH 272-18, HC 8793/17)  ZWHHC 272 (15 March 2018); about The Sheriff of Zimbabwe v Sibanda & Another (HH 275-18, HC 8039/17 Ref HC 10057/16)  ZWHHC 275 (23 May 2018); about The Sheriff of Zimbabwe v Rowan Marco Benatar & Another (HH 157-18, HC 10628/17 X ref Ref HC 5257/11)  ZWHHC 157 (21 March 2018); about The Sheriff of Zimbabwe v Bevyzone Investment (Pvt) Limited & 13 Others (HH 39-18, HC 4710/17 X ref Ref HC 7298/16)  ZWHHC 39 (24 January 2018); about Xtreme Oils Private Limited v Shahadat (HH 21-18, CIV ‘A’ 216/16)  ZWHHC 21 (18 January 2018); Midlands State University Law Review Journal, University of Zimbabwe Student Law Review Journal, Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19, Guilt by association: the over-extension of the doctrine of common purpose, Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper, The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, The Role of the Criminal Law in the Protection of Women Against Gender-Based Violence: Case note on S v Jeri HH-516-17, Accessing information held by the State and State institutions Case note on Hitschmann v City of Mutare & Anor HH-211-16. 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