By Mary Taruvinga
BUHERA South legislator Joseph Chinotimba has moved to attach a property belonging to a Chinese owned firm, Sunny Zimbabwe International in order to recover $US65 755 debt for supplied macadamia nuts.
In turn, the firm has petitioned the High Court for an order to stop the legislator from auctioning its property saying the loss of the asset will cause irreparable damage.
Chinotimba first petitioned the High Court seeking an order compelling the company to settle the debt last year and a default judgement was granted in his favour.
The Chinese-owned firm and its five directors then filed an urgent chamber application appealing against the default judgement.
Justice Tawanda Chitapi dismissed the appeal prompting the aggrieved party to seek redress with the Supreme Court.
In the present application, according to the firm, at law, the noting of an appeal stops the legislator from attaching its property but Chinotimba insists that he is going ahead regardless of that.
“On June 18, applicant (Sunny Zimbabwe International) served on the second respondent (sheriff) advising it that it had noted an appeal against the judgement of the High Court that had dismissed the urgent chamber application for stay of execution.
“However, the Sheriff wrote back to applicant informing it that it was going to proceed with the sale regardless of the noting of the appeal,” reads the court application.
“The matter is extremely urgent that if the court does not intervene, the applicant will suffer irreparable harm through execution of a judgement that has been appealed against.
“The applicants fear that its property will be sold are not only reasonable but realistic since the sheriff has since confirmed that it is definitely proceeding with the sale on June 21 this year,” said the lawyers representing Sunny Zimbabwe International.
Chinotimba is being represented by his lawyers, Venturas and Samkange Legal Practitioners.
The directors of the Sunny Zimbabwe International, Mai Tao Ming, Luo Su Yuan, Lin Qianlong and Lin Shuen are the applicants in the present matter.
Chinotimba’s declaration forming part of the summons, says sometime in February last year, he entered into an oral agreement with the Chinese firm’s directors for the sale of his macadamia nuts to their company for $US220 000 payable the following month.
He said he immediately delivered the macadamia nuts to the company at Lot 1 Laughing Water, Chipinge.
“Ming, Yuan, Qianlong and Shuen stood as guarantors for the due performances by the first defendant,” said the legislator.
Chinotimba further said the Chinese firm managed to pay $US154 000, leaving a balance of $US65 00, but despite demand, the firm and its directors had failed and/or neglected to settle the balance.
