PROMINENT Bulawayo business tycoon, Delma Lupepe, is set to be incarcerated over a $280 000 Ecobank debt, after he missed an ultimatum to settle the amount by March 21, 2018.
BY CHARLES LAITON
Early this year, the financial institution issued Lupepe with summons for civil imprisonment, at the High Court in Harare, compelling him to comply with a six-year-old court order or risk being caged.
“You (Lupepe) are called upon to pay the plaintiff, Ecobank Zimbabwe (Ltd) [formerly Premier Banking Corporation Limited] the sum of $280 361,67 together with further interest and costs of suit on the legal practitioner and client scale. You are required to pay this sum by virtue of a judgment obtained against you in the High Court on March 26, 2012, under which you were ordered to pay the sum of $200 000 and interest at the rate of 35% per annum from December 25, 2009 to date of payment,” part of the summons for civil imprisonment issued by the bank read.
“If you fail to pay the specified sum above, you must appear before the High Court on Wednesday June 20, 2018 in motion court to explain why you have not paid it and to show cause why an order for your imprisonment should not be made on account of your failure to pay …You are at liberty to approach the judgment creditor before the date of the hearing and make an offer of settlement of the sum due.”
However, Lupepe’s failure to take heed of the ultimatum prompted the bank through its lawyers, Danziger and Partners to approach the court last Thursday seeking his incarceration.
“Take notice that the civil imprisonment inquiry in the above matter has been set down for hearing on Wednesday June 20, 2018, in court C at 10am or so thereafter as the matter may be heard. Dated at Harare on June 14, 2018,” the notice of set down on the unopposed roll read.
Sometime last year, the same bank also petitioned the court seeking Lupepe’s ejectment from its property at 4 Bunting Close, Matsheumhlope in Bulawayo over unpaid $18 000 rentals.
The bank said as a result of the businessman’s failure to pay rent, rates and electricity for the property, it was now seeking an order to ensure the business tycoon was ejected from the property and ordered to pay future holding over damages at the rate of $2 000 per month from August 1, 2016 to date of his ejectment.