Chitungwiza Central Hospital’s five vehicles are set to go under the hammer following the institution’s failure to settle a $74 000 debt to a local car repairing and servicing firm, Motor Fix (Pvt) Limited.
BY CHARLES LAITON
According to court papers, Motor Fix approached the High Court sometime in 2013 seeking the court’s intervention to help it to recover its cash from the hospital after the latter had failed to pay for its vehicles and equipment that had been repaired and serviced by the firm from January 2012 to September 2013.
To date the hospital was said to have paid $20 036 while the total amount to be realised by the Sheriff stands at $60 022.
After receiving the summons two years ago, the hospital did not file opposing papers prompting the firm to apply for a default judgment which was granted by High Court judge Justice Priscilla Chigumba.
“Defendant be and is hereby ordered to pay the sum of $74 068 to plaintiff. (And) the defendant (is) to pay interest at the prescribed rate calculated from the date of summons to date of full payment, and the defendant to pay cost of suit,” Chigumba said.
According to Motor Fix (Pvt) Limited, it was contracted by the hospital to maintain, service and repair its fleet of motor vehicles and ambulances in addition to generators and other equipment.
The court heard Motor Fix made repairs, services and maintenance of the hospital’s ambulances, generators and other equipment, according to the terms and conditions of the contract.
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The summons read in part: “…notwithstanding that invoices were constantly issued for services rendered, the defendant (Chitungwiza Central Hospital) has accrued an outstanding debt of $74 068….”
Yesterday Motor Fix’s lawyers, Mbidzo, Muchadehama and Makoni Legal Practitioners, approached the Registrar of the Supreme Court and presented a letter addressed to the Sheriff of the High Court, being a notice of the property that is set to be attached.
Part of the letter read: “The High Court granted an order staying execution. We have done investigations and discovered that some of the vehicles are registered in the name of the Ministry of Health and Child Welfare whilst some are registered in the name of CMED (Pvt) Ltd. To this end, kindly release the motor vehicles from attachment . . . could you kindly attach these instead.”
The list mentioned included four Mazda BT50s and a Foton truck.
