News / National
Businessman seeks Buyanga's civil imprisonment
01 Jul 2019 at 09:06hrs | Views
A Harare businessman Tawanda Jakachira has petitioned the High Court to institute civil imprisonment proceedings against South African-based businessman, Frank Buyanga.
Jakachira seeks to recover US$282 000 allegedly owed by Buyanga, a contention which Buyanga through his lawyer Admire Rubaya strongly opposes.
A week after businessman Patson Sithole approached the court seeking the enforcement of a 2016 court order for the payment of a US$170 000 debt against Buyanga, another businessman Jakachira has approached the High Court seeking civil imprisonment against Buyanga over a 2016 debt of US$283 000.
In his petition to the High Court, Jakachira breaks down the debt as follows: US$120 000 capital debt, US$17 000 being cost of arbitration, US$10 000 agent's commission, US$2 400 as cost of drawing up an agreement of sale and US$13 240 for commission.
The High Court has since ordered Buyanga to appear and explain his failure to pay the debt which has accrued from a judgement issued on 3 February 2016, and convince the court why his civil imprisonment cannot be enforced against him.
Additionally, the court instructed him to bring evidence of his earnings, income from wages, salaries and any other sources of income.
The court further stipulates that it will conduct an inquiry into Buyanga's financial position and may give him further time to pay in instalments over a stipulated period, adding that if he fails to avail himself to explain, Buyanga risks incarceration.
Meanwhile, Buyanga's lawyer Admire Rubaya said his client is yet to be personally served with the summons for civil imprisonment as required by the law.
He added that his client is strongly contesting the orders against him that were obtained by Jakachira and Sithole and he maintains he does not owe both a penny as will be established in court.
Jakachira seeks to recover US$282 000 allegedly owed by Buyanga, a contention which Buyanga through his lawyer Admire Rubaya strongly opposes.
A week after businessman Patson Sithole approached the court seeking the enforcement of a 2016 court order for the payment of a US$170 000 debt against Buyanga, another businessman Jakachira has approached the High Court seeking civil imprisonment against Buyanga over a 2016 debt of US$283 000.
In his petition to the High Court, Jakachira breaks down the debt as follows: US$120 000 capital debt, US$17 000 being cost of arbitration, US$10 000 agent's commission, US$2 400 as cost of drawing up an agreement of sale and US$13 240 for commission.
The High Court has since ordered Buyanga to appear and explain his failure to pay the debt which has accrued from a judgement issued on 3 February 2016, and convince the court why his civil imprisonment cannot be enforced against him.
Additionally, the court instructed him to bring evidence of his earnings, income from wages, salaries and any other sources of income.
The court further stipulates that it will conduct an inquiry into Buyanga's financial position and may give him further time to pay in instalments over a stipulated period, adding that if he fails to avail himself to explain, Buyanga risks incarceration.
Meanwhile, Buyanga's lawyer Admire Rubaya said his client is yet to be personally served with the summons for civil imprisonment as required by the law.
He added that his client is strongly contesting the orders against him that were obtained by Jakachira and Sithole and he maintains he does not owe both a penny as will be established in court.
Source - zbc
