Judgment No. SC 17/18 2 Civil Appeal No. SC 470/15 The first respondent challenged the attachment. He claimed that he purchased the property from Nompiliso Maphosa and Tarisai Matsveru in August 2010, long before the appellant was granted the judgment for which it was attached. In view of the first respondent’s claim the Deputy Sheriff filed an interpleader application before the court a quo. The full purchase price was paid to the sellers in August 2010. Machekeche and Partners, the legal firm mandated to transfer the property to the first respondent, had obtained capital gains tax and rates clearance certificates, and subsequently lodged transfer papers with the Registrar of Deeds on 20 December 2010. Transfer of the property could not be registered, because Lizhibowa Real Estate (Pvt) Ltd had on 15 December 2010 obtained a provisional order from the High Court which enabled it to subsequently register a caveat against the property in dispute. At the time this matter was heard in the court a quo, that order was still in force. At the time the caveat was registered, Lizhibowa Real Estate (Pvt) Ltd was the only known judgment creditor which had obtained an order against one of the sellers. This was several months after the first respondent had innocently bought the property from the sellers. The appellant issued summons against Nompiliso Maphosa on 17 August 2011 under case No. HC 6553/11, a year after the first respondent had purchased the property in question. The summons was served on the first respondent who was already residing at the property in question.