News / National
Zupco tainted lease agreement
03 Feb 2018 at 03:21hrs | Views
GIFT Investments has continued occupying the Zimbabwe United Passenger Company (Zupco)'s property in Southerton despite the termination of its lease agreement with the bus company by the High Court last year. The High Court terminated the agreement after it emerged that it was a product of bribery. Gift Investments is owned by businessman Mr Jayesh Shah.
The bribery case was raised in the court papers after Mr Shah caused the arrest and prosecution of former Zupco chief executive Mr Bright Matonga and former board chairman Professor Charles Nherera over a $20 000 bribe.
Mr Shah told the High Court, through an affidavit, that he paid $10 000 apiece to Mr Matonga and Prof Nherera as a bribe for the extension of a lease agreement and to facilitate purchase of more buses from Gift Investments. Gift Investments, which was served with a notice of eviction on January 24 this year, rushed to the High Court seeking stay of execution of the court order.
In the urgent chamber application filed on Tuesday, Gift Investments argued that it had since filed an application for leave to appeal the High Court decision. The company argued that the application for leave will be determined in a few days, hence it was just for the Sheriff to stay execution for now.
"The applicant has made an application for leave to appeal against the judgement authorising the execution of an appealed judgement and the application has been placed before Justice Tagu," read the court papers.
"Everything being equal, the application for leave to appeal is likely to be determined within the next few days, it is just and convenient that the eviction should be stayed pending the finalisation of the application for leave to appeal."
Gift Investments argued that it had been occupying the premises for over a decade and that it deserved to be spared eviction pending the determination of its appeal request. Gift Investments indicated in its urgent chamber application that it would continue paying rent to Zupco pending finalisation of the dispute. Zupco is yet to respond to the application.
The bribery case was raised in the court papers after Mr Shah caused the arrest and prosecution of former Zupco chief executive Mr Bright Matonga and former board chairman Professor Charles Nherera over a $20 000 bribe.
Mr Shah told the High Court, through an affidavit, that he paid $10 000 apiece to Mr Matonga and Prof Nherera as a bribe for the extension of a lease agreement and to facilitate purchase of more buses from Gift Investments. Gift Investments, which was served with a notice of eviction on January 24 this year, rushed to the High Court seeking stay of execution of the court order.
In the urgent chamber application filed on Tuesday, Gift Investments argued that it had since filed an application for leave to appeal the High Court decision. The company argued that the application for leave will be determined in a few days, hence it was just for the Sheriff to stay execution for now.
"The applicant has made an application for leave to appeal against the judgement authorising the execution of an appealed judgement and the application has been placed before Justice Tagu," read the court papers.
"Everything being equal, the application for leave to appeal is likely to be determined within the next few days, it is just and convenient that the eviction should be stayed pending the finalisation of the application for leave to appeal."
Gift Investments argued that it had been occupying the premises for over a decade and that it deserved to be spared eviction pending the determination of its appeal request. Gift Investments indicated in its urgent chamber application that it would continue paying rent to Zupco pending finalisation of the dispute. Zupco is yet to respond to the application.
Source - zimpapers
