News / National
Chikwinya faces civil imprisonment
04 Jul 2019 at 08:21hrs | Views
OLD Mutual Property Co-operation (Private) Ltd has petitioned the High Court seeking an order to have former Women Affairs, Gender and Community Development minister Nyasha Chikwinya incarcerated for failure to settle a US$25 000 debt.
Old Mutual Property manager Marylyn Mabuwa recently approached the court seeking an order to substitute an address at which her firm believes Chikwinya could be located for purposes of serving her with summons for civil imprisonment after several attempts at her previously known addresses failed.
"The applicant (Old Mutual) has exhausted all possible avenues to try and effect personal service of the summons for civil imprisonment at the respondent's (Chikwinya) two known addresses being number 2 Droitwich Avenue, Mt Pleasant, Harare and 26 Glen Forest Road, Harare, with no success in circumstances where the applicant believes that the respondent is still resident within the jurisdiction of this honourable court," Mabuwa said.
"The applicant's view is that if the summons were to be served at the respondent's known address on a reasonable person the date of the hearing will be communicated to the respondent."
According to the court papers, Old Mutual obtained a judgment against the ex-minister in case number HC13376/12 for payment of a capital debt in the sum of US$17 583 and US$8 337, holding over damages, interest and ancillary relief.
Mabuwa said after Chikwinya failed to extinguish the debt, her firm instituted proceedings seeking to attach her property, but failed, prompting the firm to seek civil imprisonment instead.
"To date the sheriff has been unable to serve a copy of the summons for civil imprisonment on the respondent as is apparent on the returns of service advice number 083200B, 0832771B and 145844B," she said.
"It will be noted that the Sheriff has attempted on various dates to effect service on the respondent's known address of service."
The matter is pending.
Old Mutual Property manager Marylyn Mabuwa recently approached the court seeking an order to substitute an address at which her firm believes Chikwinya could be located for purposes of serving her with summons for civil imprisonment after several attempts at her previously known addresses failed.
"The applicant (Old Mutual) has exhausted all possible avenues to try and effect personal service of the summons for civil imprisonment at the respondent's (Chikwinya) two known addresses being number 2 Droitwich Avenue, Mt Pleasant, Harare and 26 Glen Forest Road, Harare, with no success in circumstances where the applicant believes that the respondent is still resident within the jurisdiction of this honourable court," Mabuwa said.
"The applicant's view is that if the summons were to be served at the respondent's known address on a reasonable person the date of the hearing will be communicated to the respondent."
According to the court papers, Old Mutual obtained a judgment against the ex-minister in case number HC13376/12 for payment of a capital debt in the sum of US$17 583 and US$8 337, holding over damages, interest and ancillary relief.
Mabuwa said after Chikwinya failed to extinguish the debt, her firm instituted proceedings seeking to attach her property, but failed, prompting the firm to seek civil imprisonment instead.
"To date the sheriff has been unable to serve a copy of the summons for civil imprisonment on the respondent as is apparent on the returns of service advice number 083200B, 0832771B and 145844B," she said.
"It will be noted that the Sheriff has attempted on various dates to effect service on the respondent's known address of service."
The matter is pending.
Source - newsday
