Mliswa battles to save property

FORMER Hurungwe West MP Temba Mliswa yesterday filed an urgent chamber application at the High Court seeking to stop the auctioning of his property that was attached on Monday over a $2,7 million debt he owes CBZ Bank.

BY CHARLES LAITON

Mliswa’s lawyer Tariro Machiridza confirmed the development saying the default judgment used by the bank to attach the property from his farm in Karoi was irregularly obtained.

“It appears from our reading of the record that the said order was irregularly so obtained in that it’s a default judgment yet our client had filed his appearance to defend and requested for further particulars which the other party did not respond to but went on to obtain a default judgment,” Machiridza said.

“We have since approached the High Court for redress.”

According to the court papers under case number HC8835/14, CBZ Bank filed a lawsuit against Mliswa and his firm Saltlakes Holdings demanding payment of $2 745 092.

The money was loaned to him as an overdraft facility.

The cash, according to the papers, was meant for Mliswa’s working capital requirements for the 2011 tobacco buying season and also as a carryover of the 2010 tobacco buying season facility.

CBZ said Mliswa signed an unlimited guarantee where he bound himself as surety and co-principal debtor with the bank.

The attached property included 108 head of cattle, farm implements, equipment and household goods. The urgent application is yet to be set down for hearing.

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