A leading mining conglomerate and a construction products supplier have approached the High Court seeking to set aside the sale of its equipment by the Zifa executive committee member Phillimon Machana who must also deliver back to the companies the same items failure of which he must pay US$164 000.
In a notice, RioZim Base Metals (Pvt) Ltd and Metex (Pvt) Ltd who are listed as the first and second plaintiffs respectively want Machana who is the first defendant and the assistant Sheriff of the High Court, Gweru, who is listed as the second defendant to return to the two plaintiffs nine items and if the said items have since been sold the plaintiffs want replacement in monetary terms.
The first plaintiff valued their goods at US$69 000 while the second put a figure of US$95 000.
If Machana wants to oppose the plaintiffs’ claims he must enter an appearance to defend by making an appropriate entry in the appearance book kept at the office of the registrar of High Court of Zimbabwe in Harare within 30 days and notify the plaintiffs or their legal representative in writing at the given addresses.
If no notice to defend is entered, the claims will be heard and dealt with by the High Court without any further notice to Machana. Referenced, notice of institution of proceedings in the High Court of Zimbabwe, the summons read,
“The plaintiffs herein have instituted proceedings against you in the High Court for the following, the setting aside of the sale in execution conducted on October 27, 2017 under case number HC7716/15. Delivery of the following property to plaintiff by the first defendant, 110KW Motor, switch gear, primary jaw crusher starter box, VF Frame, 45KW/60 HP Motor, 2×4 aluminium ladder, pulley on vertical fiberiser. Alternatively a payment of US$69 000 being replacement cost of the property listed,” reads the notice.
He also must deliver to Metex, four stacker conveyors with 13M long belts, telsmith 18x 32 inch jaw crusher or alternatively pay US$95 000 being replacement costs of the said property.