BY DESMOND CHINGARANDE EVICTION of Mayfair Catering Services by the Zimbabwe Parks and Wildlife Management Authority (ZimParks) from its property in Masvingo has been stayed following an urgent High Court chamber application by the company.
This was after Mayfair Lodges and Restaurants managing director Kudzanai Patrick Kujenga filed an urgent chamber application for stay of execution of a court order issued in default on January 26 this year.
The judgment was that Mayfair Lodges was not entitled to occupy the immovable property known as Le Rhone Site, Kyle Recreational Park in Masvingo.
ZimParks was cited as the first respondent, while the Sheriff of Zimbabwe was second respondent in the matter.
High Court judge Justice Happias Zhou took notice of the applicant’s requests for justice.
“In this instant, if execution is allowed to proceed and the applicants succeed in having the default judgment rescinded, then the applicants would be irremediably prejudiced. They would have been ejected from the property by the time that the application for rescission is determined.
“Equally, if the position of the judgment that sounds in money is executed, the applicants would have lost their property if it be attached in execution to proceed in the face of a pending application for the setting aside of the default judgment,” the judgment read.
“In considering whether real and substantial justice dictates that stay of execution be granted, I have also considered the applicants’ prospects of success in relation to the application for rescission of judgment and, indeed, the main case. The main claim is premised upon a false cause, in that the first respondent knows that the applicants are at the property as a result of the lease agreement which was concluded between it and the second applicant.
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“The essence of the applicants’ case is that in substance the first respondent is seeking the ejection of the second applicant and, through it, Mayfair Children’s Services (Private) Limited. The issues raised by the applicants cannot be dismissed out of hand but merit investigation,” Zhou ruled.
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