Greentex Investment and Candelita Investment have approached the High Court seeking the release of their goods which were attached by the Sheriff of Zimbabwe while executing a writ against former Bishop of the Church of the Province of Central Africa (CPCA), Nolbert Kunonga.
BY CHARLES LAITON
Greentex company secretary Olga Dzubinsky said she had been compelled to file an urgent chamber application after receiving notice that the attached goods were about to go under the hammer.
“This is an application being brought on a certificate of urgency seeking the release of goods belonging to the applicants (Greentex and Candelita) pending the interpleader proceedings instituted under the case number HC 2539/14,” Dzubinsky said in her affidavit.
“The first respondent (CPCA) obtained an order against one Nolbert Kunonga, Beaven Michael Ngundu, Justin Nyazika, Alfred Tome and Winter Shamuyarira and the second respondent (sheriff) acting under the instructions of the first respondent attached movable goods at Number 11 Shamwari Road, Old Mazowe Road.
“Of the attached goods the following goods belong to the first applicant (Greentex): MF470 tractor, disk harrow pillvic dish, Vicorn Gaspardo by two, banter integral, banter Gaspardo and boom spray AG venture. The second respondent (Candelita) is the owner of the Agro Power boom spray.”
Dzubinsky further said the matter was urgent and could not wait for the normal course of proceedings as interpleader proceedings could take several months to be heard.
“The applicant’s property has already been removed by the 2nd respondent and was scheduled to be auctioned on June 23, 2017. The property is currently at LM Auctions where it is accruing storage charges on a daily basis and will continue to accrue storage charges until the interpleader summons have been heard by this honourable court,” he said.
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“The storage charges may end up costing more than the value of the attached property. In any event, the applicants stand to lose a considerable amount of money if they are to pay storage charges for a lengthy period.”
Dzubinsky also said her company was utilising the property for farming activities after entering into a joint venture farming agreement with one Agatha Kunonga.
“The applicants will be greatly prejudiced if the goods are not released as the attached property belongs to them and if the interpleader proceedings are successful, the property would have lost considerable value due to the storage charges. Moreover, the applicants are deprived of the use and enjoyment of their property,” he said, adding Candelita, on the other hand, clearly owned the AG boom spray which was wrongfully attached in execution.
The matter is yet to be set down for hearing.
