Umzingwane RDC sues sheriff, JSC over delayed attachment

By The NewsDay | Sep. 20, 2016 | 2 Min read

THE Umzingwane Rural District Council has sued the sheriff of the High Court and the Judicial Service Commission for alleged delaying the execution of a judgment granted in its favour, in which the local authority was to attach property worth nearly $87 000 from Metropolitan Bank.

BY SILAS NKALA

The attachment was in line with a court order issued by Bulawayo High Court judge Justice Maxwell Takuva on September 24, 2015, after the bank failed to pay $86 922,64 owed to the local authority.

The council, on October 14, 2015, obtained a writ of execution to attach the property, but the sheriff did not execute the order.

In his founding affidavit, Umzingwane RDC chief executive officer Ndumiso Mpofu said: “Under cover of case HC 1638/15, the applicant obtained a summary judgment against MetBank in the sum of $82 418,91, $1 330,54, and $3 173,19. A writ of execution was issued on October 14, 2015.

“I confirm that on October 29, 2015, the applicant’s legal practitioners wrote to the first respondent (sheriff) requesting them to attend to the execution of the aforesaid writ. I confirm that the first respondent was paid $605, being the money required by the first respondent for execution of the writ.”

He submitted that the sheriff attached MetBank property on November 18, 2015, which the local authority was not satisfied with, prompting its lawyers to write to the sheriff requesting him to attach more property, but the latter allegedly declined to co-operate. “Thereafter, first respondent has not done anything towards the execution of the writ or execution despite being reminded to attend to the removal of the property for sale,” Mpofu said.

“The applicant is now approaching the honourable court for an order compelling the sheriff to immediately attend to the removal of the attached property and sell the general to enforce the writ of execution.