THE High Court has ordered National Blood Services Zimbabwe (NBSZ)’s former blood procurement manager, Emmanuel Masvikeni, to hand back his facility vehicle pending determination of his appeal against dismissal at the Supreme Court.
BY CHARLES LAITON
The order was granted by High Court judge Justice Clement Phiri last Wednesday, following an appeal by NBSZ.
According to the court papers, Masvikeni was supposed to have purchased the vehicle under a motor vehicle scheme while he was still employed by NBSZ, but failed to do so until he was fired.
Masvikeni was fired from the NBSZ in 2011, but refused to hand over the organisation’s service vehicle, its spare keys and the registration book, claiming unfair dismissal.
The NBSZ then filed an application demanding the return of its property before Justice Happias Zhou ruled in its favour in July this year and ordered Masvikeni to return the car.
Aggrieved by the High Court ruling, Masvikeni filed an appeal at the Supreme Court, which then suspended the High Court order, enabling him to retain the car.
On Wednesday last week, the NBSZ filed another High Court application seeking leave to execute Justice Zhou’s court order, arguing Masvikeni had failed to abide by the parties’ initial agreement.
“The entitlement to the car was a right the respondent (Masvikeni) had as an employee of the applicant (NBSZ). In any event, his entitlement was limited in the sense that applicant was still the owner of the vehicle and on condition that transfer would only be effected to him upon the complete payment of the purchase price,” NBSZ human resources manager, Blessing Mukwanda said in his affidavit supporting the court application.
Mukwanda added that there was a risk that the vehicle could be permanently destroyed while in Masvikeni’s possession.