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 In the result, I am amply satisfied that the appellants have proved on a preponderance of probabilities that they are the owners of the assets in question. It was incorrect and a misdirection for the court a quo to have relied so heavily on the aspect of importation as that aspect does not assist in the determination of ownership in the assets in question. The agreements produced by the appellants show that ownership in the assets would remain with them until the relevant purchase prices were paid in full, and such payments clearly did not take place. As for costs, they must ordinarily follow the outcome. In the result, the appeal succeeds with costs. The judgment of the court a quo is set aside in its entirety and substituted with the following: “1. The claimants’ claims are upheld. 2. The assets listed under schedules A and B are declared non-executable. 3. The judgment creditor shall pay the claimants’ and the applicant’s costs.” MALABA CJ: I agree. HLATSHWAYO JA: I agree. Kantor & Immerman, appellants’ legal practitioners Dube, Banda, Nzarayapenga & Partners, 1st respondent’s legal practitioners 12