MDC-T in last-minute bid to stop auctioning of seized property

MDC-T in last-minute bid to stop auctioning of seized property
Published: 12 August 2017 (305 Views)
THE MDC-T has approached the High Court seeking rescission of a default judgment granted in favour of the party's former employee, Sally Dura, which led to the attachment of party furniture and computers last month over a $109 000 salary debt.

On July 28, the sheriff of the High Court stormed MDC-T's headquarters at Harvest House in Harare and attached all the movable property after Dura had obtained a default judgment compelling her ex-paymasters to pay her $108 951.

However, MDC-T deputy chief of staff, Collin Gwiyo, filed an application on Tuesday, seeking rescission of the default judgment, arguing Dura had fraudulently sought the court order.

"The removal of the property, which included all office furniture and key equipment such as computers, was done without a formal notice of attachment and removal and, therefore, the sheriff's actions were clearly malicious," he argued.

"The default judgment under HC2411/17 granted by Justice Mwayera on April 26, 2017 to the first respondent (Dura) … was improperly sought and irregularly granted. This is because the application for the registration of the arbitral award in favour of the first respondent was opposed and the notice of opposition is filed for record.

"It boggles the mind how the first respondent was then able to set down her application as an unopposed matter and obtain the default judgment.

"The first respondent did not disclose to the court that the matter was opposed. She misled the court into believing that the application was not opposed."

Gwiyo further said he visited the High Court to verify the position after the property was attached and he discovered that "there is also on record a certificate of service by one Phineas Maponga, who claims that he served the court application on a receptionist named Tinashe at the applicant's premises. However, there is no receptionist at the applicant's premises named Tinashe.

"To make matters worse, we received the application on March 29, 2017 at 10:35am and not on the alleged date. It was received on applicant's behalf by Trust Phiri, one of our security details, who is stationed at the outside door."

Gwiyo said the certificate of service by Maponga "was deliberately falsified" and calculated to mislead the court.

"In as far as Mrs Justice Mwayera was persuaded by the said certificate of service, the (default) judgment in case number HC2411/17 was erroneously given. It was obtained by fraud," he said, urging the court to grant his application.

Dura is one of the 16 MDC-T former employees granted an award by arbitrator Nyaradzo Shumba on February 28, 2015, which was quantified on October 6, 2016.

But the MDC-T then appealed against the award to the Labour Court under case number LC/H/596/16 and the matter is still pending.

- newsday

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

ZimFirst leader promises a new Zimbabwe

by Stephen Jakes | 20 February 2018 | 209 Views

Tsvangirai FOREVER

by Itai Mushekwe | 20 February 2018 | 503 Views

Tsvangirai's son endorses Chamisa

by Stephen Jakes | 20 February 2018 | 339 Views

Dynamos, Caps to face Zambian sides

by Staff Reporter | 20 February 2018 | 109 Views

Build Zimbabwe promises to develop the nation to competitive status

by Stephen Jakes | 20 February 2018 | 70 Views

Pizza Hut launches in Zimbabwe

by Staff Reporter | 20 February 2018 | 134 Views

The New Zanu-PF has shown political maturity and tolerance

by Dr Masimba Mavaza | 20 February 2018 | 112 Views

'Late Tsvangirai forgave Mugabe'

by Staff Reporter | 20 February 2018 | 240 Views

Zimra implements new strategies

by Staff reporter | 20 February 2018 | 88 Views

Obert Mpofu Parly probe over missing $15bn postponed

by Staff reporter | 20 February 2018 | 99 Views

Govt to proclaim bonus pay dates

by Staff reporter | 20 February 2018 | 100 Views

Khupe, Mudzuri, Elizabeth shut out at Tsvangirai funeral

by Staff reporter | 20 February 2018 | 232 Views

Peter Zwide Kalanga unveiled as Ndebele King

by Staff reporter | 20 February 2018 | 139 Views

Tsvangira's Freedom Square last bow

by Staff reporter | 20 February 2018 | 67 Views

'Companies tired of bankrolling Zanu-PF'

by Staff reporter | 20 February 2018 | 88 Views

More drama at Tsvangirai send-off

by Staff reporter | 20 February 2018 | 282 Views

Domestic dispute ends in tragedy

by Staff reporter | 20 February 2018 | 83 Views

Chivayo, business partner clash

by Staff reporter | 20 February 2018 | 68 Views

Kombis banned from CBD

by Staff reporter | 20 February 2018 | 105 Views

Man kills wife's lover

by Staff reporter | 20 February 2018 | 86 Views

Mnangagwa to repossess Chipanga's Farm

by Staff reporter | 20 February 2018 | 140 Views

Mzembi freedom bid thrown out

by Staff reporter | 20 February 2018 | 51 Views

Pupil bites 14 classmates

by Staff reporter | 20 February 2018 | 46 Views

Bosso turn tables on Chicken Inn

by Staff reporter | 20 February 2018 | 36 Views

Zifa lift Peter Dube suspension

by Staff reporter | 20 February 2018 | 53 Views

Matabeleland communities seek apology over Gukurahundi atrocities

by Staff reporter | 20 February 2018 | 32 Views

Govt starts offering STEM scholarships for teachers

by Staff reporter | 20 February 2018 | 35 Views

Mnangagwa's compassionate politics good for country

by Nick Mangwana | 20 February 2018 | 97 Views

Banning second hand car imports not fully thought out

by Staff reporter | 20 February 2018 | 100 Views

Gogo Tsvangirai trending

by Staff reporter | 20 February 2018 | 137 Views

Council clears Egodini for mall project to resume

by Staff reporter | 20 February 2018 | 27 Views

Mobile network operators directed to tackle money transfer hiccups

by Staff reporter | 20 February 2018 | 55 Views

Fierce game of thrones hits Zimbabwe opposition

by Staff reporter | 20 February 2018 | 31 Views

Mugabe birthday low key event

by Staff reporter | 20 February 2018 | 191 Views

Bulawayo flash floods leave trail of destruction

by Staff reporter | 20 February 2018 | 38 Views

Govt moves to promote local motor industry

by Staff reporter | 20 February 2018 | 37 Views

Chiwenga commands political parties to observe peace

by Staff reporter | 20 February 2018 | 42 Views