News / National
Mugabe's former minister to lose property over $30,000 debt
05 Sep 2019 at 08:17hrs | Views
FORMER Health deputy minister Edwin Muguti's property is set to go under the hammer after a Harare woman, Joyce Marko-Mushaninga, obtained a High Court order to force the Sheriff to auction his residential property in Harare to recover US$29 897 owed to her in rental arrears.
According to court papers, Marko-Mushaninga obtained a judgment in her favour against Muguti sometime in September last year and when the latter failed to pay, Marko-Mushaninga obtained a writ of execution against Muguti's stand in Chikurubi Township of Manresa measuring 4 000m², held under deed of transfer number 404/17.
When the Sheriff proceeded to execute the immovable property, it was bought for $200 000, but Muguti filed an application for stay of execution on the basis that he had paid Marko-Mushaninga's debt in full.
But Marko-Mushaninga later realised that Muguti, instead of settling the debt in United States dollars, had paid the amount in Real Time Gross Settlement (RTGS) dollars, which amount was accepted by the Sheriff who then stopped the sale.
"This is an application . . . in which applicant (Marko-Mushaninga) is seeking the setting aside of the second respondent's (Sheriff) decision to set aside the sale of the first respondent's (Muguti) immovable property described above. Applicant seeks to have the sale confirmed and all proceeds owing in terms of the judgment debt paid to her," Marko-Mushaninga said in her founding affidavit.
"I submit that the judgment debt was not fulfilled in that it is a court order sounding in United States dollars, which ought to have been paid at the official RTGS$ equivalent rate prevailing on the date of payment. This was not done. First respondent only paid to applicant the amount of RTGS$29 897, which amount excludes legal costs as opposed to US$29 897 and her legal costs as ordered by the court."
The matter is pending.
According to court papers, Marko-Mushaninga obtained a judgment in her favour against Muguti sometime in September last year and when the latter failed to pay, Marko-Mushaninga obtained a writ of execution against Muguti's stand in Chikurubi Township of Manresa measuring 4 000m², held under deed of transfer number 404/17.
When the Sheriff proceeded to execute the immovable property, it was bought for $200 000, but Muguti filed an application for stay of execution on the basis that he had paid Marko-Mushaninga's debt in full.
But Marko-Mushaninga later realised that Muguti, instead of settling the debt in United States dollars, had paid the amount in Real Time Gross Settlement (RTGS) dollars, which amount was accepted by the Sheriff who then stopped the sale.
"This is an application . . . in which applicant (Marko-Mushaninga) is seeking the setting aside of the second respondent's (Sheriff) decision to set aside the sale of the first respondent's (Muguti) immovable property described above. Applicant seeks to have the sale confirmed and all proceeds owing in terms of the judgment debt paid to her," Marko-Mushaninga said in her founding affidavit.
"I submit that the judgment debt was not fulfilled in that it is a court order sounding in United States dollars, which ought to have been paid at the official RTGS$ equivalent rate prevailing on the date of payment. This was not done. First respondent only paid to applicant the amount of RTGS$29 897, which amount excludes legal costs as opposed to US$29 897 and her legal costs as ordered by the court."
The matter is pending.
Source - newsday
