News / National
Businessman seeks Chihuri's help
22 Jan 2014 at 08:40hrs | Views
A Harare businessman has approached police chief Augustine Chihuri to complain that officers manning minister Douglas Mombeshora's residence acted unlawfully by preventing the sheriff from removing property attached over a $30 000 debt.
Francis Muzeya, owner of Long Park Services, operating as Seasons Supermarket, is involved in a legal dispute with Mombeshora's Victory Supermarket after he supplied merchandise to the Mombeshoras, who failed to pay for it.
Muzeya approached the High Court seeking to recover the debt, and Justice Nicholas Mathonsi issued an order for attachment of property to recover the debt.
Police manning the minister of Lands and Rural Resettlement's home have twice thwarted attempts by the sheriff and his team to attach property.
A letter written by Muzeya's lawyers Wintertons legal Practitioners to Chihuri narrates the ordeal the sheriff has been subjected to by police intrying to attach Mombeshora's property.
"We write at the instance of Long Park Services operating as Seasons Supermarket," said the letter.
"Our client obtained a judgment out of the High Court against Dr Millicent Mombeshora on the 29th October 2013 for the payment of an amount of $ 28 451, 53.
"Dr Mombeshora unsuccessfully sought the stay of execution of the judgment. The sheriff for Zimbabwe has attempted to remove her property into execution on two occasions at her residence at 78 Crowhill Road, Harare."
The letter continued: "On the two occasions, the sheriff has been prevented from removing the property by police officers guarding the residence. Please be advised that Dr Mombeshora is married to the honourable minister of Lands and Rural Resettlement Dr Douglas Mombeshora. The last occasion removal was attempted on the 15th of January 2014.
"We submit that the police officers guarding the residence are acting unlawfully by obstructing the sheriff in executing his duties. We therefore kindly request that the police officers be given appropriate instructions through relevant police structures."
The sheriff was also barred on Friday when he visited Mombeshora's residence.
The police sealed off the place.
Millicent had earlier approached the High Court seeking an interdict order to stop Muzeya and the sheriff from removing and attaching goods.
Justice Mathonsi dismissed Mombeshora's court application, granting a final order to Muzeya to proceed with attaching the goods at Mombeshora's residence.
The property earmarked for attachment include leather sofas, fridges, television sets, microwave, generator and two motor vehicles namely a Toyota Hilux and Mitsubishu Canter among other valuables.
Jonathan Samukange, a lawyer representing the Mombeshoras, argues that the appeal before the Supreme Court must stay the removal of goods by Muzeya pending determination by the highest court in the land.
Francis Muzeya, owner of Long Park Services, operating as Seasons Supermarket, is involved in a legal dispute with Mombeshora's Victory Supermarket after he supplied merchandise to the Mombeshoras, who failed to pay for it.
Muzeya approached the High Court seeking to recover the debt, and Justice Nicholas Mathonsi issued an order for attachment of property to recover the debt.
Police manning the minister of Lands and Rural Resettlement's home have twice thwarted attempts by the sheriff and his team to attach property.
A letter written by Muzeya's lawyers Wintertons legal Practitioners to Chihuri narrates the ordeal the sheriff has been subjected to by police intrying to attach Mombeshora's property.
"We write at the instance of Long Park Services operating as Seasons Supermarket," said the letter.
"Our client obtained a judgment out of the High Court against Dr Millicent Mombeshora on the 29th October 2013 for the payment of an amount of $ 28 451, 53.
"Dr Mombeshora unsuccessfully sought the stay of execution of the judgment. The sheriff for Zimbabwe has attempted to remove her property into execution on two occasions at her residence at 78 Crowhill Road, Harare."
The letter continued: "On the two occasions, the sheriff has been prevented from removing the property by police officers guarding the residence. Please be advised that Dr Mombeshora is married to the honourable minister of Lands and Rural Resettlement Dr Douglas Mombeshora. The last occasion removal was attempted on the 15th of January 2014.
"We submit that the police officers guarding the residence are acting unlawfully by obstructing the sheriff in executing his duties. We therefore kindly request that the police officers be given appropriate instructions through relevant police structures."
The sheriff was also barred on Friday when he visited Mombeshora's residence.
The police sealed off the place.
Millicent had earlier approached the High Court seeking an interdict order to stop Muzeya and the sheriff from removing and attaching goods.
Justice Mathonsi dismissed Mombeshora's court application, granting a final order to Muzeya to proceed with attaching the goods at Mombeshora's residence.
The property earmarked for attachment include leather sofas, fridges, television sets, microwave, generator and two motor vehicles namely a Toyota Hilux and Mitsubishu Canter among other valuables.
Jonathan Samukange, a lawyer representing the Mombeshoras, argues that the appeal before the Supreme Court must stay the removal of goods by Muzeya pending determination by the highest court in the land.
Source - dailtnews
