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Zifa get property attachment relief

Sport
Zifa (Pvt) Ltd finally breathed a sigh of relief after a judgment granting a local company, LED Travel and Tours, authority to attach property to recover over $300 000 owed by the Zimbabwe Football Association (Zifa), was recently rescinded by the High Court.

Zifa (Pvt) Ltd finally breathed a sigh of relief after a judgment granting a local company, LED Travel and Tours, authority to attach property to recover over $300 000 owed by the Zimbabwe Football Association (Zifa), was recently rescinded by the High Court.

BY CHARLES LAITON

In July last year, LED Travel and Tours approached the High Court seeking to compel Zifa to settle its debt and in the process went ahead and obtained a default judgment against Zifa (Pvt) Ltd, which judgment was granted by Justice Helena Charehwa, where the firm was to attach Zifa (Pvt) Ltd’s properties.

However, through its director, Abdullah Ishmael Kassim, Zifa (Pvt) Ltd, filed a court application challenging the default judgment, arguing his company was a separate and distinct legal entity from the Zifa.

Kassim urged the court to rescind Justice Charehwa’s ruling and to spare his firm’s immovable assets from going under the hammer, which application was granted by High Court judge Justice Lavender Makoni.

In his founding affidavit, Kassim said: “The applicant (Zifa (Pvt) Ltd is a separate and distinct legal entity from the Zimbabwe Football Association, commonly known as Zifa, which is the judgment debtor in the matter under case number 4623/12. Zifa is an unincorporated association governed by a constitution.

“The applicant is the registered owner of four immovable properties, which include the properties which is the subject of the proceedings under case number 10940/15. The title deeds, which are a matter of public record, are in the name of the applicant and not in the name of Zifa.”

According to Kassim, LED Travel and Tours had attached stand 1175 Salisbury Township held under Deed of Transfer number 294/83, stand 100 Kensington Estate held under Deed of Transfer number 8771/88, stand 13689 Bulawayo Township held under Deed of Transfer number 667/83 and Arboretum of Mt Hampden held under Deed of Transfer number 2882/2000.

“It is common cause that the immovable property was wrongly attached in execution by the first respondent (Sheriff) in a matter between second respondent (LED Travel) and Zifa,” he said.

“It, therefore, follows that the assets or liabilities of the applicant cannot be owned by Zifa or vice-versa unless the applicant has transferred ownership of the assets. In the same context, the sins of Zifa cannot legally be visited upon the applicant, more particularly when applicant is neither a party to nor takes any interest in the proceedings under case number 4623/12.”

Kassim further said: “It is, thus, abundantly clear that the applicant has a valid claim to the property in question and the second respondent secured a default judgment under circumstances which were beyond the applicant or its legal practitioners control and the interest of justice behove this honourable court to rescind the judgment granted in default against the applicant.”