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Air Zimbabwe in bid to stop auction of 20 vehicles
18 Nov 2013 at 17:38hrs | Views
The Supreme Court has reserved its ruling over Air Zimbabwe's application challenging the sale of 20 of its vehicles which were to go under the hammer to pay former Marketing Manager, Stephen Nhuta's retrenchment package.
The vehicles were attached by the Deputy Sheriff last year over the retrenchment package of more than $140,000.
The national airliner appealed against High Court judge, Justice Joseph Martin Mafusire's ruling in which he dismissed the airliner's urgent application which sought to bar the vehicle auction on the basis that it lacked urgency.
The vehicles in question were attached in October last year after Nhuta registered his arbitral award as a court order and sought its execution.
According to the notice of attachment, the vehicles consisted of eight Mazda 3s and four Mercedes Benz belonging to the top management, a Toyota Hilux Vigo, three Mazda B-2500s, two Mazda BT-50 trucks, a Mazda 626 and a Mazda B-1800.
In April this year, when the Deputy Sheriff attached the vehicles and notified Air Zimbabwe of the impending auction, the national airliner approached the High Court on an urgent basis seeking to stop the said sale.
Justice Mafusire ruled that Air Zimbabwe's application, which was brought under a certificate of urgency, could not be heard on an urgent basis, a decision that was challenged by the national flag carrier.
Air Zimbabwe's lawyer, Advocate Lewis Uriri told the court comprising Supreme Court Judges of Appeal: Justice Vernanda Ziyambi, Justice Paddington Garwe and Justice Bharat Patel, that the airliner's vehicles could not be auctioned in view of certain provisions of the Finance Act which protect the attachment and/or execution of Air Zimbabwe (Pvt) Limited's assets.
But Nhuta's lawyer, Advocate Thabani Mpofu dismissed Air Zimbabwe's assertions, arguing that the High Court's decision was arrived at by the judge after taking into consideration all the material facts.
Advocate Mpofu urged the court to dismiss the appeal and the court reserved judgment in the matter.
The vehicles were attached by the Deputy Sheriff last year over the retrenchment package of more than $140,000.
The national airliner appealed against High Court judge, Justice Joseph Martin Mafusire's ruling in which he dismissed the airliner's urgent application which sought to bar the vehicle auction on the basis that it lacked urgency.
The vehicles in question were attached in October last year after Nhuta registered his arbitral award as a court order and sought its execution.
According to the notice of attachment, the vehicles consisted of eight Mazda 3s and four Mercedes Benz belonging to the top management, a Toyota Hilux Vigo, three Mazda B-2500s, two Mazda BT-50 trucks, a Mazda 626 and a Mazda B-1800.
Justice Mafusire ruled that Air Zimbabwe's application, which was brought under a certificate of urgency, could not be heard on an urgent basis, a decision that was challenged by the national flag carrier.
Air Zimbabwe's lawyer, Advocate Lewis Uriri told the court comprising Supreme Court Judges of Appeal: Justice Vernanda Ziyambi, Justice Paddington Garwe and Justice Bharat Patel, that the airliner's vehicles could not be auctioned in view of certain provisions of the Finance Act which protect the attachment and/or execution of Air Zimbabwe (Pvt) Limited's assets.
But Nhuta's lawyer, Advocate Thabani Mpofu dismissed Air Zimbabwe's assertions, arguing that the High Court's decision was arrived at by the judge after taking into consideration all the material facts.
Advocate Mpofu urged the court to dismiss the appeal and the court reserved judgment in the matter.
Source - zbc
