Business / Companies
Fly Africa set to lose property over debt
14 Jul 2018 at 11:45hrs | Views
Fly Africa is set to lose property over a $17 295 debt owed to a former employee who recently obtained a writ of execution against the airline, following a court order issued by High Court judge Justice Isaac Muzenda on June 6.
The writ of execution, which is yet to be actioned, was issued after Nyasha Ganiza petitioned the court seeking to compel the airline to fulfil its contractual obligations following a mutual termination of employment agreement entered between the parties on January 26, 2018.
According to court papers, the parties agreed that the airline would pay Ganiza $10 000 gratuity, $4 860 salary arrears and $2 430 as notice pay.
However, in terms of clause three of the agreement, the parties agreed that should the airline default on any one instalment, the whole balance would become due and payable.
"As of March 12, 2018, the defendant defaulted on its payments, resulting in the plaintiff (Ganiza) exercising her rights in terms of clause three of the agreement. Defendant (Fly Africa) only paid $400 to the plaintiff)," Ganiza told the court.
After receiving the court summons demanding payment of the outstanding amount, the airline failed to defend the litigation, culminating in the default judgment which was issued sometime in April this year.
"You are required and directed to attach and take into execution the movable goods of Fly Africa (of first floor, Domestic Terminal Building, Robert Mugabe International Airport, Harare, the above-named defendant and of the same cause to be realised the sum of $17 295 together with interest thereon at the rate of 5% per annum from the date of demand to date of payment in full," part of the writ of execution read.
The writ of execution, which is yet to be actioned, was issued after Nyasha Ganiza petitioned the court seeking to compel the airline to fulfil its contractual obligations following a mutual termination of employment agreement entered between the parties on January 26, 2018.
According to court papers, the parties agreed that the airline would pay Ganiza $10 000 gratuity, $4 860 salary arrears and $2 430 as notice pay.
"As of March 12, 2018, the defendant defaulted on its payments, resulting in the plaintiff (Ganiza) exercising her rights in terms of clause three of the agreement. Defendant (Fly Africa) only paid $400 to the plaintiff)," Ganiza told the court.
After receiving the court summons demanding payment of the outstanding amount, the airline failed to defend the litigation, culminating in the default judgment which was issued sometime in April this year.
"You are required and directed to attach and take into execution the movable goods of Fly Africa (of first floor, Domestic Terminal Building, Robert Mugabe International Airport, Harare, the above-named defendant and of the same cause to be realised the sum of $17 295 together with interest thereon at the rate of 5% per annum from the date of demand to date of payment in full," part of the writ of execution read.
Source - newsday
