DISTRIBUTED BY VERITAS TRUST
Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592
E-mail: veritas@mango.zw
Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for
information supplied.
Judgment No. SC 33/18
Civil Appeal No. SC 780/17
DISTRIBUTABLE (24)
(1) SMIT INVESTMENT HOLDINGS SA (PROPRIETARY)
LIMITED (2) GENET MINING (PROPRIETARY) LIMITED
v
(1) THE SHERIFF OF ZIMBABWE (2) PUNGWE MINING
(PRIVATE)
LIMITED
SUPREME COURT OF ZIMBABWE
MALABA CJ, HLATSHWAYO JA & PATEL JA
HARARE, 26 JANUARY & 19 JUNE, 2018
D. Tivadar, for the appellants
A. Moyo, for the 1st respondent
T. Mpofu, for the 2nd respondent
PATEL JA:
This is an appeal against the Judgement of the High
Court in interpleader proceedings arising from the attachment of mining equipment carried
out by the first respondent (the Sheriff) at Mbada Mine. The second respondent (the
judgement creditor) had obtained judgement against Mbada Mine and the Sheriff, having
attached certain movables at Mbada Mine, had advertised them for sale. The property
attached comprises mining equipment, vehicles and office furniture. The claimants in the
1