News / National
High Court reprieve for Mliswa
29 Nov 2018 at 11:31hrs | Views
Norton Member of Parliament, Temba Mliswa, got a reprieve after the High Court stopped the attachment of his three vehicles over failure to settle $136 000 legal costs stemming from a case he lost to a private property developer and Norton Town Council.
Mliswa's vehicles, a Mercedes-Benz, a Mazda T3500 truck and a Vintage Dodge, were attached by the Sheriff of the High Court early this month and were removed on November 7, 2018 for sale in execution.
This prompted Mliswa to approach the High Court for a provisional order staying the removal of the movable assets pending the final ruling of the matter. Justice Esther Muremba found merit in Mliswa's argument and granted the application the relief sought.
"Pending the determination of this matter on return - the first respondent (Sheriff of the High Court) is ordered to stay the removal of the applicant (Mliswa)'s movable assets attached on or about 1 November 2018," she said.
The debt arose from costs that were awarded to Maparahwe Properties (Pvt) Ltd and Norton Town Council in a case in which Mliswa and his 629 co-applicants lost a High Court case involving land invasion at Kingsdale Farm, Norton.
In his application, Mliswa wanted an order barring the Sheriff, the property developer Maparahwe Properties and Norton Town Council from proceeding with the sale of his vehicles. Maparahwe Properties and Norton Town Council after successfully defending the land stalemate, were awarded costs of suit.
Through his lawyer, Professor Lovemore Madhuku, Mliswa argued that the costs in the matter under HC4619/17 were not awarded jointly. He said each applicant had an obligation to pay his or her proportionate share of the costs and the maximum amount of each being $216.
It was further argued that Mliswa joined the 629 Norton residents in Kingsdale and an organisation known as Norton Residents' Development Trust (NRDT) when they petitioned the court under case number HC4619/17, challenging countless eviction orders against the residents at the instance of the property developer.
For Norton Town Council, Mliswa argued that it was just joined as a convenient party alongside two Government ministers (Lands and Rural Resettlement and Local Government) and he had already paid $3 227 towards the claimed costs.
Mliswa's vehicles, a Mercedes-Benz, a Mazda T3500 truck and a Vintage Dodge, were attached by the Sheriff of the High Court early this month and were removed on November 7, 2018 for sale in execution.
This prompted Mliswa to approach the High Court for a provisional order staying the removal of the movable assets pending the final ruling of the matter. Justice Esther Muremba found merit in Mliswa's argument and granted the application the relief sought.
"Pending the determination of this matter on return - the first respondent (Sheriff of the High Court) is ordered to stay the removal of the applicant (Mliswa)'s movable assets attached on or about 1 November 2018," she said.
In his application, Mliswa wanted an order barring the Sheriff, the property developer Maparahwe Properties and Norton Town Council from proceeding with the sale of his vehicles. Maparahwe Properties and Norton Town Council after successfully defending the land stalemate, were awarded costs of suit.
Through his lawyer, Professor Lovemore Madhuku, Mliswa argued that the costs in the matter under HC4619/17 were not awarded jointly. He said each applicant had an obligation to pay his or her proportionate share of the costs and the maximum amount of each being $216.
It was further argued that Mliswa joined the 629 Norton residents in Kingsdale and an organisation known as Norton Residents' Development Trust (NRDT) when they petitioned the court under case number HC4619/17, challenging countless eviction orders against the residents at the instance of the property developer.
For Norton Town Council, Mliswa argued that it was just joined as a convenient party alongside two Government ministers (Lands and Rural Resettlement and Local Government) and he had already paid $3 227 towards the claimed costs.
Source - chronicle
