Commissioner-General of the Zimbabwe Prisons and Correctional Services (ZPCS), Retired Major General Paradzai Zimondi, has approached the High Court on an urgent basis after his farming equipment was last week attached by the Sheriff in a bid to recover $137 777 owed to the Zimbabwe Farmers Development Company (ZFDC).
BY CHARLES LAITON
In his founding affidavit filed alongside the application, Zimondi accused the ZFDC of fraudulently signing an acknowledgement of debt to receive a default judgment for which a writ of execution was issued in July this year.
“On September 26, 2017, the second respondent (Sheriff) served a notice of seizure and attachment of my farming equipment in execution of the order of this honourable court in HC9059/16. My farm employees delivered the documents to me in the morning of September 27, 2017 and I immediately engaged legal counsel to protect my right in the attached property,” Zimondi said.
“I have filed an application for rescission of the order as HC6999/17, which record I incorporate herein. I have filed the answering affidavit and heads of argument simultaneously with this application.
“I reported the fraud to the Zimbabwe Republic Police and I attach hereto my statement of complaint and the statement by the first respondent’s (ZFDC) representative which confirms that the documents used as acknowledgement of debt were fraudulently signed by another person and they do not bear my signatures.”
The Prisons boss also said ZFDC had also acknowledged that the documents used to obtain a default judgment against him did not bear his signature, but was surprised when the firm went ahead and sought execution against his farm equipment.
“First respondent (ZFDC) acknowledges that the documents do not bear my signature. It also denies that it ever supplied me with a tractor, which in the summons commencing action is clearly mentioned and a claim in the amount of $47 459 is made for it. This clearly affects the validity of the order obtained yet the first respondent is proceeding with execution of the order,” Zimondi said.
“The balance of the judgment debt is made up of a claim of $81 900 for a 30-tonne truck, which I fully paid for in the amount of ZW$296 000 000 in 2007. The truck was not delivered, but in its place, I received a cheaper 10-tonne dumper truck and a YTO LF 80-90 tractor.”
Zimondi further said he would suffer irreparable harm if the court would not intervene and grant stay of execution since the upliftment of the farming equipment would affect his farming operations.
“I currently have a 40-hectare wheat crop which has been financed under the government’s command agriculture programme. This crop will be adversely affected and I will not only lose the projected harvest, but also remain indebted to the government’s programme for the inputs advanced,” Zimondi said, urging the court to hear his matter on an urgent basis.