News / National
Lupepe set to lose property
20 Jul 2017 at 01:35hrs | Views
PROMINENT Bulawayo businessman Delma Lupepe, has filed a court application at the Harare High Court seeking to contest ejectment and sale of his house which was attached by Ecobank in a bid to recover $200 000 he owes the institution.
Lupepe is the Zimpapers board chairman and was owner of the now defunct Amazulu Football Club.
In his application, Lupepe said he was applying for stay of execution of the default judgment that was granted on July 14, 2017 that sought to eject him from his house.
"This application in casu is for stay of execution of the default judgment granted on July 14, 2017 under case number HC8031/2016, pending the finalisation of the application for rescission of judgement….under case number HC6527/17,"Lupepe said in his affidavit.
Lupepe said Ecobank filed a case against him which was set to be heard on July 14 this year but he "inadvertently and unwittingly" diarised a wrong date prompting the court to grant the ejectment order in default.
"I hereby submit that I inadvertently and unwittingly diarised the date hearing as Monday July 17, 2017. The default judgment was duly granted on July 14, 2017. The operative part orders the ejectment of the applicant (Lupepe) from Lot 9 of Subdivision 2 of Subdivision B of (Farm 7 and stands 78-75) and roads of Matsheumhlope. The other claims for the applicant to pay alleged water, rates and other utility bills were duly referred to trial by honourable Judge President George Chiweshe," Lupepe said.
The businessman said ownership of the said property was "strenuously and vehemently" disputed because the bank purchased his property via a private treaty wherein the peremptory and sacrosanct procedures as outlined in the High Court's Rules were allegedly violated.
"The sacrosanct procedure as encapsulated in the High Court Rules was not followed in that the Sheriff of the High Court never advised me of the sale by private treaty. I was not notified of the sale and was therefore denied a golden opportunity to assert my inalienable right in terms of the law," Lupepe said.
"I submit that failure to notify me is fatal to the sale and subsequent confirmation and transfer of the property to the respondent's (Ecobank) name is patently and manifestly null and void. The sale and subsequent transfer of the property to the respondent is riddled with procedural irregularities. Respondent's title was obtained through illegal sale and it is trite that anything based on nullity is null and void. To allow the respondent to benefit is tantamount to putting premium on deceit."
Lupepe said when the matter pertaining to his house was heard in his absence by the court, he was not in wilful default but was physically incapacitated from attending the hearing.
He further said it would be unfair and an injustice to allow the bank to benefit from the seizure of his property.
"This is a classic case of the judgment creditor proceeding to clandestinely purchase the judgment debtor's property worth more than or about $200 000 at a mere $110 000," he said.
The matter is yet to be set down for hearing.
Lupepe is the Zimpapers board chairman and was owner of the now defunct Amazulu Football Club.
In his application, Lupepe said he was applying for stay of execution of the default judgment that was granted on July 14, 2017 that sought to eject him from his house.
"This application in casu is for stay of execution of the default judgment granted on July 14, 2017 under case number HC8031/2016, pending the finalisation of the application for rescission of judgement….under case number HC6527/17,"Lupepe said in his affidavit.
Lupepe said Ecobank filed a case against him which was set to be heard on July 14 this year but he "inadvertently and unwittingly" diarised a wrong date prompting the court to grant the ejectment order in default.
"I hereby submit that I inadvertently and unwittingly diarised the date hearing as Monday July 17, 2017. The default judgment was duly granted on July 14, 2017. The operative part orders the ejectment of the applicant (Lupepe) from Lot 9 of Subdivision 2 of Subdivision B of (Farm 7 and stands 78-75) and roads of Matsheumhlope. The other claims for the applicant to pay alleged water, rates and other utility bills were duly referred to trial by honourable Judge President George Chiweshe," Lupepe said.
The businessman said ownership of the said property was "strenuously and vehemently" disputed because the bank purchased his property via a private treaty wherein the peremptory and sacrosanct procedures as outlined in the High Court's Rules were allegedly violated.
"The sacrosanct procedure as encapsulated in the High Court Rules was not followed in that the Sheriff of the High Court never advised me of the sale by private treaty. I was not notified of the sale and was therefore denied a golden opportunity to assert my inalienable right in terms of the law," Lupepe said.
"I submit that failure to notify me is fatal to the sale and subsequent confirmation and transfer of the property to the respondent's (Ecobank) name is patently and manifestly null and void. The sale and subsequent transfer of the property to the respondent is riddled with procedural irregularities. Respondent's title was obtained through illegal sale and it is trite that anything based on nullity is null and void. To allow the respondent to benefit is tantamount to putting premium on deceit."
Lupepe said when the matter pertaining to his house was heard in his absence by the court, he was not in wilful default but was physically incapacitated from attending the hearing.
He further said it would be unfair and an injustice to allow the bank to benefit from the seizure of his property.
"This is a classic case of the judgment creditor proceeding to clandestinely purchase the judgment debtor's property worth more than or about $200 000 at a mere $110 000," he said.
The matter is yet to be set down for hearing.
Source - newsday
