The Welshman Ncube-led MDC has recovered two vehicles attached by the deputy sheriff early last month over $9 000 in unpaid terminal benefits for a former bodyguard of the late party vice-president, Gibson Sibanda.
The vehicles had been attached after Bulawayo High Court judge, Justice Nicholas Ndou, ruled in favour of the former bodyguard, Francisco Nyoni.
MDC leader Welshman Ncube approached the same court seeking a rescission order against a default judgment granted on February 8. Ncube argued Nyoni never served them with summons of the case and that they only got a copy of the default judgment.
“The applicant was also reinstated on the letter of June 28 2010 and has no entitlement to the terminal benefits he is demanding,” submitted the MDC leader.
On April 7, Justice Lawrence Kamocha granted a rescission order to MDC, effectively quashing an earlier ruling made by Justice Ndou.
“It is ordered that the order granted in default on 8 February 2010 under case number HC2029/11 be and is hereby rescinded. Applicant be and is hereby directed to file its opposing affidavit within 10 days of the granting of the order. The costs of this application be costs in the main cause,” ordered Kamocha.
On Wednesday, the party’s Bulawayo provincial spokesperson, Edwin Ndlovu, confirmed the vehicles were returned two weeks ago. “Yes we got back the vehicles two weeks ago just a few days before Independence Day. The two trucks are Mitsubishi and Mazda pick-ups.”
Nyoni and the MDC have been involved in a bruising legal wrangle since 2009 following his alleged unfair dismissal from work.
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The party accused him of neglecting his duties leading to theft of computers at its offices. But Nyoni claims the theft occurred while he was off duty.
Initially, Nyoni won the matter at the Labour Court, which ordered his reinstatement or that he be paid $9 000 as severance package.
In October last year, he approached the High Court after the party allegedly ignored the order.
