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FALVECT MINING (PVT) LTD v REDSTONE MINING (PVT) LTD & ORS 2019 (3) ZLR 1163 (H)

2019 (3) ZLR p1163

Citation

2019 (3) ZLR 1163 (H)

Case No

Judgment No. HH-764-19

Court

High Court, Harare

Judge

Kabasa J

Heard

4 November 2019

Judgment

27 November 2019

Counsel

E Mangezi, for the plaintiff
Ms S V Shoko, for first and second defendant
E T Moyo, for the third defendant

Case Type

Civil trial

Annotations

Flynote

Court – officer – messenger of court – liability – attachment of goods in execution – goods not belonging to judgment debtor – when messenger liable

Delict – negligence – messenger of court attaching property and selling in execution – whether conduct negligent or wrongful – whether messenger delictually liable

Practice and procedure execution – attachment – duties of messenger when attaching property and selling in execution – when messenger liable for wrongful or negligent attachment

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