News / National
Mnangagwa ally's foreman risks jail over contempt of court
02 Jun 2017 at 06:49hrs | Views
Gokwe-Nembudziya MP Mayor Justice Wadyajena's foreman is on the verge of being charged for contempt of court after allegedly refusing to comply with a provisional High Court order barring Mayor Logistics Company from interfering with Mathonsi Family Enterprises' premises at Hopley.
On May 19 this year, Justice Owen Tagu granted the provisional order barring Wadyajena's firm from further interfering and demolishing Mathonsi Enterprises' property pending the resolution of the property ownership wrangle by the court.
However, since the granting of the provisional order, Mayor Logistics is alleged to be still in charge of the premises, a move that has prompted Mathonsi Enterprises' lawyers to write to Wadyajena's foreman, warning him of the impending contempt of court charges.
"We act for and on the instance of Mathonsi Enterprises; please find attached, hereto, a provisional order granted by the High Court on May 19, 2017," the lawyers, Muronda Malinga Legal Practice, wrote in a letter dated May 29, 2017, addressed to the Mayor Logistics foreman.
"In terms of the order, you are supposed to stop interfering with our client's occupation of the premises.
"In the circumstances, kindly vacate our client's premises. Should you fail to do so immediately, we will open a docket of contempt of court against you. We hope you find this in order."
Wadyajena's firm and Mathonsi Enterprises are embroiled in a dispute of ownership of stand 102 Grobbie Park Township in Hopley, Harare, whose litigation is pending under HC1330/17.
According to the court papers, Wadyajena's firm is in possession of an order where it claims it purchased the said piece of land from Mathonsi Enterprises for $50 000, but the latter is disputing the sale.
On May 17 this year, Mathonsi Enterprises' director, Caroline Mathonsi, filed an urgent chamber application, accusing Wadyajena's firm of further demolishing buildings at her premises despite the absence of a court order, culminating in Justice Tague's provisional order.
In her application, Mathonsi said her business had been in occupation of the disputed premises until April 25 this year when Mayor Logistics' "representatives, employees and assignees" visited the premises and started demolishing buildings and removing goods and property.
On May 19 this year, Justice Owen Tagu granted the provisional order barring Wadyajena's firm from further interfering and demolishing Mathonsi Enterprises' property pending the resolution of the property ownership wrangle by the court.
However, since the granting of the provisional order, Mayor Logistics is alleged to be still in charge of the premises, a move that has prompted Mathonsi Enterprises' lawyers to write to Wadyajena's foreman, warning him of the impending contempt of court charges.
"We act for and on the instance of Mathonsi Enterprises; please find attached, hereto, a provisional order granted by the High Court on May 19, 2017," the lawyers, Muronda Malinga Legal Practice, wrote in a letter dated May 29, 2017, addressed to the Mayor Logistics foreman.
"In terms of the order, you are supposed to stop interfering with our client's occupation of the premises.
Wadyajena's firm and Mathonsi Enterprises are embroiled in a dispute of ownership of stand 102 Grobbie Park Township in Hopley, Harare, whose litigation is pending under HC1330/17.
According to the court papers, Wadyajena's firm is in possession of an order where it claims it purchased the said piece of land from Mathonsi Enterprises for $50 000, but the latter is disputing the sale.
On May 17 this year, Mathonsi Enterprises' director, Caroline Mathonsi, filed an urgent chamber application, accusing Wadyajena's firm of further demolishing buildings at her premises despite the absence of a court order, culminating in Justice Tague's provisional order.
In her application, Mathonsi said her business had been in occupation of the disputed premises until April 25 this year when Mayor Logistics' "representatives, employees and assignees" visited the premises and started demolishing buildings and removing goods and property.
Source - newsday
