ZC vehicles case rages on

HARARE - The labour dispute between Zimbabwe Cricket (ZC) and former employee Andrew Muzanhindo has taken a new twist with ZC staffers whose official cars were seized by the Deputy Sherriff late last year now claiming that the vehicles are personal property.

The employees have filed interpleaders claiming that the cars attached by Muzamhindo do not belong to ZC, which has resulted in the postponement of the auction initially scheduled for December 27.

The Deputy Sheriff in December pounced on ZC and seized its Outside Broadcasting Van as well as staff vehicles after the association lost a drawn-out labour dispute with former executive Muzamhindo.

Muzamhindo attached the cars in December after winning a long-standing suit against his former employer at the High Court, where ZC had appealed after the Labour Court initially granted judgment in the Harare businessman’s favour last year.

Vehicles attached belonged to the then managing director Wilfred Mukondiwa, convener of selectors Givemore Makoni, IT manager Anesu Kafesu, director of coaching Andy Waller and Mashonaland Eagles chief executive Vimbai Maisva.

Local radion station ZiFM Stereo is also claiming they bought the OB van from ZC.

Muzamhindo attached the cars in December after winning a long-standing suit against his former employer at the High Court, where ZC had appealed after the Labour Court initially granted judgment in the Harare businessman’s favour last year.

He had taken legal action to recover outstanding payment in commission and wages.

According to the legal dictionary, “an interpleader is an equitable proceeding brought by a third person to have a court determine the ownership rights of rival claimants to the same money or property that is held by that third person. Interpleader is a form of equitable relief. Equitable remedies are ways for courts to enforce rights other than by issuing a judgment for money damages. Interpleader is employed when two or more parties seek ownership of money or property that is held by a third party.

“The property in question is called the stake, and the third party who has custody of it is called the stakeholder. The stakeholder is faced with a legal dilemma: giving the property to either one of the parties will likely lead to a lawsuit by the other party against the stakeholder and the new property owner. The court must decide whether the interpleader is proper. It has discretion to allow the interpleader, and may deny the relief if the stake-holder is guilty of Laches (unreasonable delay) or was responsible for the creation of the adverse claim. If the court grants the interpleader, the stakeholder is dismissed from the action. The rival claimants are given the right to litigate their claims, and they will be bound by the decision of the court.”

In this case, the High Court will have to determine if the said employees do own the vehicles. In Zimbabwe, ownership of a vehicle is normally determined by a valid registration book that is recognised by Central Vehicle Registration.

Two years ago, ZC also filed interpleaders for the same vehicles claiming that the vehicles belonged to the employees. These were dismissed with costs back then by the High Court.

Muzamhindo’s lawyers, Chinawa Law firm, yesterday said they have not been served with the interpleaders by the sheriff.

Comments (3)

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CARTRIDGE GALLERY - 15 January 2015

FOR SALE HP TONER CARTRIDGES 05A,10A,11A,12A,13A,15A,24A,35A,36A,42A,49A,53A,55A,61A,64A,70A,78A,80A,83A,85A,90A,96A,125A,131A,135A, AND MANYMORE 0772 678 311

CARTRIDGE GALLERY - 15 January 2015

"The race card" has killed the cricket in the country.

X-MAN IV - 15 January 2015

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