FORMER Hurungwe West MP Temba Mliswa yesterday heaved a sigh of relief when the Supreme Court upheld an appeal in his favour against CBZ Bank, which had obtained a High Court order to attach his property, including 108 head of cattle, over a $2,7 million bank loan.
BY CHARLES LAITON
The Supreme Court referred the case back to the High Court and ordered that it should be presided over by a different judge.
Mliswa, through his lawyer Advocate Thabani Mpofu, had filed an appeal after the High Court issued an order in default allowing the bank to attach his property over his company Saltlakes’ debt.
The attached property included 108 head of cattle, farm implements, equipment and household goods.
Deputy Chief Justice Luke Malaba, who was sitting with Justices Tendai Uchena and Antonia Guvava, expressed concern over the manner in which Mliswa’s matter had been handled by High Court judge Justice Priscilla Chigumba.
Justice Malaba said Justice Chigumba made a mistake in focusing on a matter that was not before her when she gave a determination on the merits after ruling Mliswa’s matter was not urgent.
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Addressing CBZ lawyer Advocate Thembinkosi Magwaliba, Justice Malaba said: “The court gave itself jurisdiction over the matter that was not before it. It is a matter that is not debatable. Once you say the matter is not urgent, you just cannot proceed to deal with it.
“She made a mistake of focusing on a matter that was not before her.”
Malaba’s remarks came about after it emerged Justice Chigumba proceeded to give a determination on Mliswa’s urgent chamber application seeking stay of execution after making a finding that the matter was not urgent.
Justice Uchena added: “Once you say the matter is not urgent, you have no jurisdiction over it and you cannot sit and hear the matter. You are simply saying the matter will have to follow the queue like any other ordinary application.”
According to court papers, the loan Mliswa got from CBZ was meant for his working capital requirements for the 2011 tobacco buying season and also as a carryover of the 2010 tobacco buying season facility.
