Zupco continues fight to protect property

HARARE - Struggling Zimbabwe United Passenger Company (Zupco) is battling to protect some of its property over a $763 000 debt owed to Pioneer Motor Company.

The government-owned transport company has approached the High Court, appealing against an order allowing Pioneer Motor Company authority to attach Zupco’s property to recover its money.

According to court papers, Pioneer Motor Company delivered 50 Scania buses to Zupco in 2004 at a price of $4 877 000.

Zupco paid $4 113 932, leaving a balance of $763 068.

Pioneer Motor Company then approached the High Court, which ordered Zupco to pay the debt.

“In the result therefore, I find that the defendant (Zupco) is liable to the (then) plaintiff (Pioneer) in the sum of $763 068 as claimed, together with interest… as well as costs of suit,” said High Court judge Charles Hungwe in a July 2012 ruling.

However, Zupco through its chief executive officer Brian Chawasarira, now argues that it failed to get the judgment on time to file an appeal.

“The applicant (Zupco) has at all times intended to appeal against the judgment in issue. I therefore pray that the court grants leave to appeal the judgment,” said Chawasarira.

Hamish Rudland, who is representing Pioneer Motor Company, told the court his firm had not acted outside the confines of the law.

“The appeal itself is completely devoid of merits. All Applicant needs to do is either to pay off the debt or alternatively avail the inventory and location of its movables which can be moved by the second respondent (Deputy Sheriff) in satisfaction of the judgment debt rather than rushing to this honourable court with the present application.

“In the premises, I aver that the present application amounts to no more than an abuse of court process and ought to be dismissed with costs,” said Rudland. -
Tendai Kamhungira

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