News / National
Zesa guns for Bhasikiti
17 Nov 2018 at 06:50hrs | Views
THE Zimbabwe Electricity Transmission and Distribution Company (Pvt) Ltd (ZETDC) has approached the High Court seeking an order to compel Mkwasine Estate to garnish former Masvingo Provincial Affairs minister Kudakwashe Bhasikiti's sugar cane account over an unpaid $133 000 electricity bill.
The matter was set to be determined yesterday by High Court judge Justice Phildah Muzofa.
In its application, ZETDC, which is a subsidiary of Zesa Holdings (Pvt) Ltd, cited Bhasikiti as the judgment debtor, while Mkwasine Estate Ltd is cited as the garnishee.
"It is therefore just and equitable that all the amounts due or which will become due in future to the judgment debtor (Bhasikiti) by the garnishee (Mkwasine Estate Ltd) to be attached and paid to the applicant (ZETDC) by the garnishee, in satisfaction of the aforesaid judgment," ZETDC said through its company secretary, Judith Tsamba.
In her founding affidavit, Tsamba said in January this year ZETDC obtained a judgment in the High Court, in terms of which Bhasikiti was ordered to pay $133 663, 73 for electricity supplied to his Moria Ranch in Mwenezi.
"The judgment debtor (Bhasikiti) was also ordered to pay costs on a legal practitioner-client scale. The judgment debtor has not yet paid anything towards the settlement of the aforesaid judgment debt, hence the judgment has not yet been satisfied," Tsamba said.
"However, the judgment debtor is a sugar cane farmer and he has sold and will continue selling his produce to the garnishee (Mkwasine Estate Limited) and the garnishee is and/or will be liable to pay the purchase price thereof to the judgment debtor.
"Thus the garnishee is and/or will in future be, indebted to the judgement debtor in respect of the proceeds from the sale of the latter's sugar cane and this has necessitated the making of this application for a garnish order so that such proceeds can be attached and paid to the applicant in satisfaction of the judgment debt plus costs."
According to ZETDC, despite Bhasikiti's written promises to settle the electricity bill, he failed to honour his undertaking, prompting the power utility to approach the court for recourse.
The matter was set to be determined yesterday by High Court judge Justice Phildah Muzofa.
In its application, ZETDC, which is a subsidiary of Zesa Holdings (Pvt) Ltd, cited Bhasikiti as the judgment debtor, while Mkwasine Estate Ltd is cited as the garnishee.
"It is therefore just and equitable that all the amounts due or which will become due in future to the judgment debtor (Bhasikiti) by the garnishee (Mkwasine Estate Ltd) to be attached and paid to the applicant (ZETDC) by the garnishee, in satisfaction of the aforesaid judgment," ZETDC said through its company secretary, Judith Tsamba.
"The judgment debtor (Bhasikiti) was also ordered to pay costs on a legal practitioner-client scale. The judgment debtor has not yet paid anything towards the settlement of the aforesaid judgment debt, hence the judgment has not yet been satisfied," Tsamba said.
"However, the judgment debtor is a sugar cane farmer and he has sold and will continue selling his produce to the garnishee (Mkwasine Estate Limited) and the garnishee is and/or will be liable to pay the purchase price thereof to the judgment debtor.
"Thus the garnishee is and/or will in future be, indebted to the judgement debtor in respect of the proceeds from the sale of the latter's sugar cane and this has necessitated the making of this application for a garnish order so that such proceeds can be attached and paid to the applicant in satisfaction of the judgment debt plus costs."
According to ZETDC, despite Bhasikiti's written promises to settle the electricity bill, he failed to honour his undertaking, prompting the power utility to approach the court for recourse.
Source - newsday
