News / National
NRZ challenges sale of property over salary arrears
20 Jun 2018 at 07:05hrs | Views
THE National Railways of Zimbabwe (NRZ) has approached the High Court challenging the sale of its property over $20 000 salary arrears owed to a former employee.
NRZ through its lawyers Mbidzo, Muchadehama and Makoni Legal Practitioners, filed an urgent chamber application for stay of execution at the Bulawayo High Court citing Mr Emmanuel Hwara as a respondent.
The company seeks an order blocking the execution of its property pending its application for rescission of a default judgment which was in favour of Mr Hwara last week. Bulawayo High Court judge Justice Nicholas Mathonsi granted Mr Hwara a default judgment.
Mr Hwara had filed summons at the Bulawayo High Court demanding $19 208,70 in outstanding salaries from his former employer.
In papers before the court, Mr Hwara said he wants his outstanding arrears to enable him to undergo specialist medical treatment.
In her founding affidavit, NRZ human resources manager, Ms Grace Kunda said their lawyer Mr Alec Muchadehama did not see the notice of setdown because it was misfiled at his offices resulting in a default judgment being entered against her organisation.
"Pursuant to that, the applicant (NRZ) has filed simultaneously with this urgent chamber application, an application for rescission of default judgment. I aver that the application for rescission, already filed on the record, does enjoy very good prospects of success," she said.
Ms Kunda said in the event that Mr Hwara is left to execute the order, NRZ stood to be prejudiced of its property. "Applicant's prayer is that this honourable court puts a temporary hold to the execution which is imminent. Even more worrying is the prospect of applicant's properties being sold in execution and thereafter NRZ wins the application for rescission against the default judgment," she said.
Ms Kunda said chances were very slim that NRZ would recover its property in the event that it is executed.
Mr Hwara, who was a fitter and turner at the NRZ mechanical workshop for the past 26 years, retired in August 2016 on medical grounds.
NRZ through its lawyers Mbidzo, Muchadehama and Makoni Legal Practitioners, filed an urgent chamber application for stay of execution at the Bulawayo High Court citing Mr Emmanuel Hwara as a respondent.
The company seeks an order blocking the execution of its property pending its application for rescission of a default judgment which was in favour of Mr Hwara last week. Bulawayo High Court judge Justice Nicholas Mathonsi granted Mr Hwara a default judgment.
Mr Hwara had filed summons at the Bulawayo High Court demanding $19 208,70 in outstanding salaries from his former employer.
In papers before the court, Mr Hwara said he wants his outstanding arrears to enable him to undergo specialist medical treatment.
"Pursuant to that, the applicant (NRZ) has filed simultaneously with this urgent chamber application, an application for rescission of default judgment. I aver that the application for rescission, already filed on the record, does enjoy very good prospects of success," she said.
Ms Kunda said in the event that Mr Hwara is left to execute the order, NRZ stood to be prejudiced of its property. "Applicant's prayer is that this honourable court puts a temporary hold to the execution which is imminent. Even more worrying is the prospect of applicant's properties being sold in execution and thereafter NRZ wins the application for rescission against the default judgment," she said.
Ms Kunda said chances were very slim that NRZ would recover its property in the event that it is executed.
Mr Hwara, who was a fitter and turner at the NRZ mechanical workshop for the past 26 years, retired in August 2016 on medical grounds.
Source - chronicle
