Business man Philip Chiyangwa has taken Bulawayo City Council (BCC) and the Sheriff to court challenging the auctioning of his company’s industrial machinery which was attached over a debt of nearly $300 000 in unpaid water bills.
Dr Chiyangwa, through his company, Native Investments Africa (Pvt) yesterday filed an urgent chamber application at the Bulawayo High Court citing BCC, the Sheriff of the High Court and two businessmen who bought the attached property as respondents.
The deputy sheriff auctioned two cranes valued at $300 000, for $4 800.
David Mackwell and Bruce Christopher are the two businessmen who bought the two cranes at an auction conducted by Holland Auctioneers.
BCC obtained a judgment against Native Investments Africa for the payment of $290 000 in water bill arrears.
Acting on the judgment, the council obtained a writ of execution and instructed the Sheriff of the High Court to attach any property belonging to the Zifa president’s company.Native lnvestments Africa through its lawyer Mr Byron Sengweni seeks an order blocking the Sheriff of the High Court from authorising the delivery of the two cranes to Mackwell and Christopher pending the return date of the matter.
In the event that the two businessmen were already in possession of the cranes, the company wants an order compelling the two respondents to return the property to its premises within 48 hours of being served with the order.
Native Investments Africa’s administration manager, Mr Givas Goteka, in his founding affidavit, queried how the property valued at $300 000 ended up being sold for a song.
“On February 10, 2017, Native Investments Africa through its lawyers wrote to the Sheriff requesting the identities of Mackwell and Christopher and also querying how property valued at $300 000 had been sold for a paltry $4 800 and also notifying the sheriff that they were challenging the sale,” said Mr Goteka.
“On February 21, the applicant (Native Investments Africa), which was under the impression that the Sheriff was attending the query, noticed that Mackwell and Christopher were now preparing to move the cranes from its premises.”
Mr Goteka said on making a follow up on the matter, the Sheriff told them that the sale had been confirmed. He said the sheriff labelled the cranes as “completely stripped” to justify the price they were auctioned for.