By Mary Taruvinga
THE Zimbabwe Consolidated Diamond Company (ZCDC) has approached the High Court seeking to repossess its vehicles which were recently attached over a US$1 226 000 debt allegedly owed to Minexus Minerals (Private) Limited.
According to the court application, ZCDC argues that the debt was already settled back in 2018 but the Sheriff went on to attach the vehicles.
The diamond company secretary, Samukeliso Ndebele said the vehicles placed under judicial notice are two Toyota Land Cruisers and two Toyota Prados which are set to be taken this Wednesday.
He said the vehicles were recently attached by the Sheriff over a 2017 judgement.
“I am made aware that the execution process is used to recover outstanding debts only not a debt that has been satisfied like the first respondent (Minexus Minerals) is eager to do,” said Ndebele in his founding affidavit on behalf of the company.
ZCDC said it owed the money to Minexus Minerals Resources, cited as the first respondent together with co-respondents, namely Edgetop Mining (Pvt) Ltd, Fadi Ali Khatoun, minister of Mines and Mining Development, Advocate Amit Pines, Uri Gil and Fuss Diamonds.
Ndebele said the diamond firm is therefore seeking an interdict to stop Minexus Minerals from executing against its movable or immovable property in pursuance of the writ of execution dated October 4, 2017.
“I humbly seek that the writ of execution be declared satisfied as the judgement debt was paid in full and the applicant is no longer indebted to the first respondent. On February 25, 2019 the first respondent caused attachment and removal of the applicant’s assets at the applicant’s head office, 35-37 Cosham Road, Borrowdale as per notice of seizure…pursuant to the attachment applicant (ZCDC) and the first respondent engaged and agreed to a payment plan to liquidate the judgement debt of US$1 226 000 together with interest and judgement creditor’s legal costs,” Ndebele said.
Ndebele also said despite that the debt has been settled in full, first Minexus Minerals continuously threatens to instruct the Sheriff to execute against the company in pursuance of the same writ of execution dated October 4, 2017.
“The threat has since been effected with the second respondent attaching applicant’s assets on January 15, 2020,” he said.
The case is yet to be set down for hearing.