THE SHERIFF OF THE HIGH COURT

versus

EDU-LOAN (PVT) LTD

and

OTNI IONI

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 23 MAY 2018 AND 14 JUNE 2018

Interpleader

S Tsumele for the applicant

Ms E Sarimana for the claimant

Judgment Creditor in Person

            MOYO J:       This is an interpleader wherein the claimant seeks the release from attachment, of its assets that have been attached at the instance of the judgment creditor for a debt owed by a third party. 

            The judgment creditor insists that there is no difference in the two entities being the judgment debtor and the claimant.

            The facts of this matter are largely common cause.  It is the legal interpretation of the circumstances the parties are in that needs to be determined.  The judgment creditor was employed by a company called Business Environment Services Pvt Ltd (hereinafter referred to as BES).  BES has a director called Rosemary Sibanda and another called Obert Sibanda.  There is another South African company called Eduloan Pty Ltd (hereinafter referred to as Eduloan SA). 

            According to the claimant’s affidavit the claimant is Eduloan SA and this company has no direct dealings with the judgment creditor.  The judgment creditor is an ex-employee of the