By Staff Reporter
KNOWE Residents and Ratepayers Association (Knowe) has lost a bid to have the late Edward Nyanyiwa popularly known as Eddies Pfugari’s son ordered to serve his late father’s 90-day civil imprisonment order.
Knowe cited Eddies Pfugari (Pvt) Ltd, Edward Nyanyiwa Junior (Nyanyiwa Jnr), the late Nyanyiwa’s estate executor Clever Mandizvidza, Norton Town Council as respondents.
High Court judge David Mangota dismissed the application and slapped Knowe with costs.
Mangota said the late Nyanyiwa had been sued in his individual capacity and his estate had nothing to do with issues that existed between the parties.
“The shortcut approach which the applicant took renders its application to be irredeemably defective. It should have sued Nyanyiwa Jnr as an individual who took over the reins of power.
“Once it succeeded in either of the stated options and he failed to act in compliance, its next step was to sue moving the court to find Nyanyiwa Jnr guilty of contempt of court,” Mangota ruled.
“The applicant failed to prove its application on a balance of probabilities. The application is, in the result, dismissed with costs.”
Mangota questioned the relevance of joining Mandizvidza to the application saying he was a mere executor of the late Nyanyiwa’s estate which had not been involved in the matter.
“The third respondent is, according to the applicant, the executor of the late Nyanyiwa’s estate. The applicant is not claiming anything from the estate. There is therefore no justification for it to have sued the third respondent,” he added.
“The applicant’s citation of the third respondent without any justification exposes the confusion with which it processed this application. Its statement which is to the effect that the third respondent must be given an opportunity to make representations is completely devoid of substance.”
Knowe had approached the court after the late Nyanyiwa failed to comply with an order that obliged him to service their residential stands.
The High Court then ordered that Eddies Pfugari and the late Nyanyiwa pay US$2 000 fine and 90 days imprisonment but he passed away before complying, prompting Knowe to institute legal proceedings against his son who had taken over.
They now want Nyanyiwa Jnr to be declared guilty of contempt of court and for a US$100 fine to be imposed on his company Eddies Pfugari for every day that the company fails to comply with the court order.
Knowe wants Nyanyiwa Jnr sentenced to 90 days imprisonment suspended on condition that he ensured that the residential area was fully serviced to the satisfaction of Norton Town Council.