The Sheriff of Zimbabwe v Carlos Douglas George and Origen Corporation (Pvt) Ltd t/a Staywell Trading

The Sheriff of Zimbabwe (Applicant) approached the court to determine competing claims between the Claimant (Carlos Douglas George) and the Judgment Creditor (Origen Corporation). The Judgment Creditor obtained judgment against Tinotenda Zinyemba and Flavian Zinyemba in case HCHC588/24 and instructed the Sheriff to attach property. The Sheriff attached two vehicles (a DAF Truck registration ACB 6972 and a Nissan King Cab registration ACU 4920) and various household goods. The Claimant initially claimed all attached property but later admitted in the opposing affidavit that the DAF truck belongs to Makoloyi (Pvt) Ltd and the Nissan belongs to Cyrus Sebastian Manuel (the Claimant's brother-in-law). The Judgment Creditor consented without prejudice to the release of household goods but insisted the Claimant failed to prove ownership of the vehicles. The Claimant had a running lease with the first Judgment Debtor, Tinotenda Zinyemba, and the attachment took place at the leased premises after the Judgment Debtors had vacated.

• Whether a party can be joined to interpleader proceedings after litis contestatio (closure of pleadings)
• Whether an oral application for joinder complies with Rule 32(12) which requires written consent of a person to be added as a plaintiff
• Whether the Claimant has locus standi to claim vehicles he admits belong to third parties
• Whether the court should dismiss or strike off a claim where the claimant lacks locus standi
• Whether the presumption of ownership from possession applies where the Judgment Debtors had vacated the premises
• Whether costs should be awarded on an attorney-client scale or ordinary scale

A. The Claimant's claim to all property in the notice of seizure dated 12 June 2025, except the DAF truck LF Registration ACB 6972 and Nissan King Cab Registration ACU 4920, was granted. B. Such property (excluding the two vehicles) was declared not executable. C. The Claimant's claim to the DAF truck and Nissan was struck from the roll on the basis that the Claimant lacks locus standi. D. The Claimant shall pay storage and attachment costs to the extent applicable. E. The Claimant shall pay the Applicant's and Judgment Creditor's costs on an ordinary scale.

1. In interpleader proceedings, the claimant is construed as the plaintiff for purposes of Rule 32(12), and therefore the proviso requiring written consent applies to any joinder application seeking to add persons as claimants/plaintiffs. An oral application for joinder without such written consent is non-compliant with the Rules. 2. Where a claimant in interpleader proceedings admits that attached property belongs to third parties and not to himself, the claimant lacks locus standi to claim such property. 3. Where a party lacks locus standi, the appropriate order is to strike the claim from the roll rather than dismiss it. Dismissal is only appropriate where the court has examined the merits of a claim. Striking off preserves the right of properly interested parties to approach the court for relief and protects access to justice. 4. The presumption of ownership arising from possession cannot be applied mechanically where there are admissions and evidence suggesting no connection between the attached property and the judgment debtors, particularly where the judgment debtors had vacated the premises and the property is registered to third parties.

The court observed that interpleader proceedings are unique in nature, with the Sheriff/Applicant having no direct interest save for costs. The court noted that costs on an attorney-client scale should only be granted in exceptional circumstances, and such circumstances must be specifically placed before the court. The court also commented that it would not be prudent to declare vehicles executable before third parties claiming ownership are heard by the court, particularly where there is evidence (such as vehicle registration documents) supporting third-party ownership and no strong evidence connecting the vehicles to the judgment debtors.

This case clarifies important procedural aspects of interpleader proceedings in Zimbabwean (and by extension South African) civil procedure. It establishes that while joinder applications can be brought at any stage under Rule 32(12), the proviso requiring written consent for adding a plaintiff applies in interpleader proceedings where the claimant is construed as the plaintiff. The case reinforces the principle from Stanley Nhari v Mugabe that where a court lacks jurisdiction or a party lacks locus standi, the appropriate remedy is to strike the matter from the roll rather than dismiss it, thereby preserving access to justice for properly interested parties. It also demonstrates judicial reluctance to apply presumptions of ownership from mere possession without examining the full factual matrix, particularly in execution proceedings affecting third parties.