THE Zimbabwe Defence Industries (ZDI) (Pvt) Ltd, has approached the High Court seeking stay of execution against its property which was attached by the Sheriff after a local clearing agent, CKD Clearing and Forwarding Services, obtained a default judgment for $73 000, which it paid to the Zimbabwe Revenue Authority (Zimra) on behalf of the military firm.
BY CHARLES LAITON
On January 30 this year, ZDI was served with a notice of seizure, which placed ZDI’s property that included fridges, office desks, office chairs, television sets, photocopiers, sofas and filing cabinets under judicial management.
The attachment of the property prompted ZDI to file an urgent chamber application, saying the default judgment granted in favour of the clearing agent had been entered without the army’s knowledge and the latter was also challenging the claims.
In its affidavit through its general manager Crispen Masuku, ZDI challenged the clearing agent firm to prove how and when it entered into the alleged agreement with the government’s firm.
“There is no document to prove the alleged agreement between applicant (ZDI) and first respondent (CKD Clearing and Forwarding Services). There are no receipts to show that first respondent paid an amount of
$72 980,21 as duty and to Zimra on behalf of the applicant. The applicant has no knowledge of the nature of the goods in respect of which first respondent claims it paid duty and surtax to Zimra on behalf of applicant. There is no evidence that applicant received any such goods,” Masuku said.
“. . . On December 8, 2016, the applicant was surprised when the Sheriff proceeded to its premises with the writ of execution. On January 30, 2017, the second respondent (Sheriff) came to applicant’s premises and attached goods.”
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According to Masuku, the summons for the alleged litigation were not served on responsible ZDI officials, but were served on its former secretary, Sibongile Ncube, who has since been dismissed for failing to carry out her duties properly.
“. . . However, the summons was not brought to the attention of applicant’s former general manager Colonel Tshinga Dube, the applicant’s officer, who had the responsibility of making decisions for the applicant, including making decisions on legal matters after consulting the defence legal services. Consequently, no appearance to defend was entered on behalf of the applicant,” he said.
“. . . The applicant discovered that its former general manager was unaware of the proceedings as Ncube had not taken the summons to him for his attention.”
The matter is still pending.
