Mubaiwa off the hook

HARARE - Dynamos president Kenni Mubaiwa did not lose property to bailiffs owing to the club’s debt after his lawyers successfully applied for a stay of execution.

The Glamour Boys are currently battling to offset a $250 000 debt owed to CBZ Bank dating back to 2011 which has resulted in a number of former executives and board directors lose their property.

However, a local auctioneering firm assigned to handle the writ erroneously included Mubaiwa’s name on the notice in the media.

Mubaiwa’s lawyers Bvekwa Legal Practice recently approached the Sheriff seeking clarification regarding their client.

“Your agent, LM Auctioneers advertised the sales of Defendants properties in this matter on Saturday, 29 October 29, 2016. Therein the name ... Mubaiwa also appears as one of the judgment Debtors,” Bvekwa Legal Practice said.

“We act for him and we have always done in this matter. The press has also reported the matter presumably basing on that advertisement.

“We understand that the writ directing you to execute and indeed the instructions themselves do not bear our clients name. The articles are putting our client in bad light when he is not a debtor of the plaintiff.”

Initially, when the case kicked off in 2012, Mubaiwa was named as part of the respondents but his lawyers successfully applied for a stay of execution which was granted.

“For the record, judgment was granted in this matter on June 21, 2012 against all the defendants in the matter,” the lawyers said.

“On June 5, 2012 we filed an application for rescission of judgment and on  July 6, 2012 filed an urgent application for stay of execution. Both applications were granted by the High Court.

“Our client, therefore is not a judgment debtor of the plaintiff and it is surprising that his name appears as a debtor.”

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