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 (421 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

Omega Sibanda launches his Zanu-PF campaign

by Staff reporter | 21 June 2018 | 131 Views

Chinamasa proud of bins ceremony

by Staff reporter | 21 June 2018 | 179 Views

Mnangagwa to tour Ekusileni

by Staff reporter | 21 June 2018 | 133 Views

Andy Muridzo wife refuses to kiss him in public

by Staff reporter | 21 June 2018 | 188 Views

Omega Sibanda launched his Zanu-PF campaign

by Staff reporter | 21 June 2018 | 115 Views

Spot FM changes name to Classic263

by Ndou Paul | 21 June 2018 | 88 Views

Mnangagwa takes campaign trail to Bulawayo

by Staff reporter | 21 June 2018 | 99 Views

ZESA employee electrocuted in Bulawayo

by Staff reporter | 21 June 2018 | 108 Views

Are tattoos good for our youths

by Tondorindo | 21 June 2018 | 100 Views

Welcome back our Original Mazoe drink

by Thomas Murisa | 21 June 2018 | 122 Views

Zanu-PF candidates threatening to shut down churches in Hobhouse

by Fanuel Chinowaita | 21 June 2018 | 129 Views

Mnangagwa to resume issuance of grants

by Staff reporter | 21 June 2018 | 100 Views

Your success is in your state of mind

by Enos Denhere | 21 June 2018 | 91 Views

Chamisa showed his true colours when he chose Mugabe over Khupe

by Anthony Mkondo | 21 June 2018 | 130 Views

Mutsvangwa barred from evicting Chipanga from farm

by Staff reporter | 21 June 2018 | 127 Views

Parly exposes Obert Mpofu

by Staff reporter | 21 June 2018 | 120 Views

Mugabe ally in court over political violence

by Staff reporter | 21 June 2018 | 115 Views

Chamisa to boycott Zimbabwe polls?

by Staff reporter | 21 June 2018 | 189 Views

WATCH: Zanu PF, MDC Alliance square off in TV debate

by CNBC Africa | 21 June 2018 | 148 Views

Woman to contest DNA test for 3rd time

by Staff reporter | 21 June 2018 | 157 Views

MTN increase LTE coverage and download speeds

by MyBroadband | 21 June 2018 | 101 Views

Mutsvangwa booed, storms out of debate

by Staff Reporter | 21 June 2018 | 212 Views

#ChinamasaChallenge a hit on Twitter

by Ndou Paul | 21 June 2018 | 178 Views

Teachers slam Mnangagwa

by Staff reporter | 21 June 2018 | 146 Views

Spot FM Zimbabwe change name to Classic263

by Ndou Paul | 21 June 2018 | 127 Views

Zuma warned Chamisa against pact with Mugabe

by Staff reporter | 21 June 2018 | 257 Views

Mugabe's health condition 'is nothing serious'

by AFP | 21 June 2018 | 118 Views

Mukupe ordered to return journalist's cellphone

by MISA | 21 June 2018 | 103 Views

URGENT: Zimbabweans who worked for Wenela eligible for compensation

by Staff reporter | 21 June 2018 | 125 Views

Cleansing ceremony for Gweru- Kwekwe highway black spot

by Staff reporter | 21 June 2018 | 165 Views

.Man hangs self in neighbour's yard

by Staff reporter | 21 June 2018 | 205 Views

Peter Ndlovu's story told in World Cup advert

by Staff reporter | 21 June 2018 | 215 Views

Banks set to cut transaction costs

by Staff reporter | 21 June 2018 | 179 Views