Businessman seeks Chihuri's help

HARARE - A Harare businessman has approached police chief Augustine Chihuri to complain that officers manning minister Douglas Mombeshora’s residence acted unlawfully by preventing the sheriff from removing property attached over a $30 000 debt.

Francis Muzeya, owner of Long Park Services, operating as Seasons Supermarket, is involved in a legal dispute with Mombeshora’s Victory Supermarket after he supplied merchandise to the Mombeshoras, who failed to pay for it.

Muzeya approached the High Court seeking to recover the debt, and Justice Nicholas Mathonsi issued an order for attachment of property to recover the debt.

Police manning the  minister of Lands and Rural Resettlement’s home have twice thwarted attempts by the sheriff and his team to attach property.

A letter written by Muzeya’s lawyers Wintertons legal Practitioners to Chihuri narrates the ordeal the sheriff has been subjected to by police intrying to attach Mombeshora’s property.

“We write at the instance of Long Park Services operating as Seasons Supermarket,” said the letter.

“Our client  obtained  a judgment out of the High Court against Dr Millicent Mombeshora on the 29th October 2013  for the payment of an amount of  $ 28 451, 53.

“Dr Mombeshora unsuccessfully sought the stay of execution of the judgment. The sheriff for Zimbabwe has attempted to remove her property into execution on two occasions at her residence at 78 Crowhill Road, Harare.”

The letter continued: “On the two occasions, the sheriff has been prevented from removing the property by police officers guarding the residence. Please be advised that Dr Mombeshora is married to the honourable minister of Lands and Rural Resettlement Dr Douglas Mombeshora. The last occasion removal was attempted on the 15th of January 2014.

“We submit that the police officers guarding the residence are acting unlawfully by obstructing the sheriff in executing his duties. We therefore kindly request that the police officers be given appropriate instructions through relevant police structures.”

The sheriff was also barred on Friday when he visited Mombeshora’s residence.

The police sealed off the place. 

Millicent had earlier approached the High Court seeking an interdict order to stop Muzeya and the sheriff  from removing and attaching goods.

Justice Mathonsi dismissed Mombeshora’s court application, granting a final order to Muzeya to proceed with attaching the goods at Mombeshora’s residence.

The property earmarked for attachment include leather sofas,  fridges,  television sets, microwave, generator and two motor vehicles  namely a Toyota Hilux and Mitsubishu Canter among other valuables.

Jonathan Samukange, a lawyer representing the Mombeshoras, argues that the appeal before the Supreme Court must stay the removal of goods by Muzeya pending determination by the highest court in the land.

Comments (10)

Just delaying the inevitable and there many cases like this being protected by mugabe. His death will see flood of such executions because there wont be anyone protection. In fact the deputy sheriff should hiring and training staff in anticipation of increased business.

chemedzanemburungwe - 22 January 2014

Mr Francis thought that he was dealing with civilized people. Unfortunately that is not the case. These are merely politicians my friends. And worse ZANU-PF politicians who do not respect other people.They are bent on grabbing other people's property. Paying for anything is anathema to them. Then we wonder and ask God how long this is gonna last. But time will tell

MEGA - 22 January 2014

Gore Rino!!! - 22 January 2014

These people are hooligans,and thieves josling for a place in politics.Its a shame they messed up the country.It will need a new breed of God fearing people to rebuild this country run down by criminals and thugs.

musoja MUTEMA - 22 January 2014

Please I don't support impunity by anybody, including those in top echelons of affairs of the State. But, the Muzeya I knew was in the habit of enricheing himself by unlawful means like armed robberies, vehicle theft and fraud. Do we know where this one made his money from? Isn't he the same guy? Chihuri must find out the bona fides of this man before his hands are soiled in this process. He and his advisors should not say we didn't warn them. Having said that, frivolous appeals to the Constitutional Court must stop forthwith. Unscrupulous individuals are abusing this esteemed body yet there are more valid and urgent matters that it has to be seized with. I rest my case.

Hokoyoyi - 22 January 2014

Cimedzanemburungwa - You see Mugabe behind every corner, bush, derenage, roof top etc. You are crazy!

dungas - 23 January 2014

from my understanding, a sheriff when frustrated in attaching property, should immediately go to the nearest police station and return accompanied by an armed police officer who should enforce the high court order. was this done? why go to chihuri, do you think you are special? if so, then you are same boat with the mombeshora woman who thinks she is above the law. you chose the path of law, follow it to its end, including returning to the same high court to report your frustrations. the high court has the power to arrest those policemen, or that woman if she is the one instructing them thus. zvekuenda kunana chihuri makazvinzwa kupi ma lawyer e dollar, ibvaipo.

simba - 23 January 2014

kuti zvako zviite wotodya ne zanu

dboy - 23 January 2014

This is slippery ground more so as it involves someone who has sworn to uphold the laws of Zimbabwe..I refer here to Minister Mombeshora. For someone whose star was rising this is a real kick n the seed pack. Elsewhere in the report there is talk of appealing to the Supreme Court, being no lawyer does this mean this appeal can hold the judgement in lieu of this superior court determination? If this were the case then the Minister's wife is within her rights..However as a PR practitioner in her own right could she not have handled the matter better as in the court of public opinion her Minister husband is in the dock together with her when he should have been doing what he was doing so well?

gutter poet - 23 January 2014

chemedzanemburungwa u are a fool l dont see the involvement ya presindent even zanu pf chaiyo panyaya iyi so pliz it's always wise to think before insulting others.

Marikebo - 23 January 2014

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