Bulawayo High Court judge Justice Lawrence Kamocha last Tuesday granted the liquidator Victor Muzenda authority over the Zimbabwe Ex-combatants Foundation Investment Fund (Zexcom) properties without interference ahead of final court order on the issue on November 24.
He also ordered the contending parties to submit the evaluations of the properties to the Registrar of the High Court on November 10 to allow the court to decide on the ruling to give in the protracted dispute.
The respondents led by Shelter Muchechesi Mpofu were ordered to vacate the Zexcom properties at number 120 Jason Moyo Street in Bulawayo as Muzenda was to oversee them with immediate effect.
“The liquidator Victor Muzenda must be in charge of Zexcom properties and both parties must not interfere with the operations of the liquidator,” said Kamocha.
Mpofu and others are against the liquidation of the company and are represented by Cheda & Partners law firm. Andrew Ndlovu is the first applicant supported by the majority of shareholders who are fighting for the liquidation of the company, claiming they have not benefited from it, since its inception 13 years ago.
Mpofu and others were on July 19 ordered by Kamocha to raise the money to pay shareholders to stop the company from going into liquidation. But revelations indicate they have continuously failed to do so. In 2009, 4 392 Zexcom shareholders — represented by three applicants, Ndlovu, Robert Mlalazi and John Ngwenya who are now deceased — sought liquidation of the company represented by Elias Chikwakwa of Sansole & Senda legal practitioners.
Zexcom company properties listed in the court papers are Equity House in Harare, Murehwa Complex in Murehwa, and number 120 Jason Moyo in Bulawayo whose value is yet to be given. A provisional liquidator Muzenda was appointed in December 2009 after High Court judge Justice Nicholas Ndou gave an order for the company to be liquidated.
Mpofu’s group recently lodged an official complaint with Judge President Justice George Chiweshe against the manner in which Kamocha was reportedly dealing with their civil matter. They accused Kamocha of bias.
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The complaint was also copied to President Robert Mugabe, Justice and Legal Affairs minister Patrick Chinamasa, Attorney-General Johannes Tomana and the Law Society of Zimbabwe.
