HB 054-18 MAX JAMES ROSENFELS and Anor versus TWALUMBA PROPERTIES (PRIVATE) LIMITED and Anor

MAX JAMES ROSENFELS

and

CADDYSHAK INVESTMENTS (PRIVATE) LIMITED

versus

TWALUMBA PROPERTIES (PRIVATE) LIMITED

and

THE SHERIFF FOR ZIMBABWE

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 25 OCTOBER 2017 AND 8 MARCH 2018

 

 

Opposed Matter

 

 

E Mubayiwa for the applicant

L Madhuku for the respondents

 

 

            MOYO J:       This is an application for an anti-dissipation interdict.  The two parties have been embroiled in litigation.  It appears to stem from an agreement of sale that was entered into by the parties. It appears there is a dispute as to the fulfillment or otherwise of the terms of the agreement of sale.

            There has been litigation and counter litigation between the parties in relation to the terms of this agreement of sale.  This litigation resulted in first respondent obtaining default judgment against the applicants claiming restitution of the deposit on the purchase price.  The default judgment was in the sum of $230 000-00 plus legal costs and interest.  Applicants herein tried to rescind that default judgment with no success.  The applicants also tried to stay the execution of that judgment but failed.

            In paragraph 18 of the founding affidavit the applicants formulate the basis for this application.  It reads:

“It is my humble averment that the judgment debt is an asset in the hands of the first respondent, a company which has no other assets in Zimbabwe, and whose directing mind and driving force is now deceased”.

 

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