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HARARE-based property developer Felix Munyaradzi recently lost all of his household assets after failing to settle an $80,000 debt.
The money is due to Hazvibviri and Rosewita Njokoya.
Munyaradzi had tried to block the seizure of the property through his wife Precious Tsitsi Chawayipira without success.
The Njokoyas obtained an order against Munyaradzi on March 31 for the sum of $80,000 plus interest and costs.
Armed with this order, the creditors ordered the sheriff to seize Munyaradzi’s household assets.
Chawayipira then claimed ownership on October 7.
She wanted an order declaring the property unenforceable and to be declared hers.
She also wanted creditors to pay court costs.
Munyaradzi’s wife said part of the property belongs to her alone although she is legally married to Munyaradzi under the Marriage Act.
She said she bought the property in China.
Chawayipira then attached documents written in Chinese to support his claim. She said she showed the sheriff during the attachment but was ignored.
The Njokoyas disputed her arguments, accusing Chawayipira of colluding with her husband to thwart the creditor’s collection efforts.
Delivering her judgment, High Court Judge, Justice Emily Mhuri, said Chawayipira’s challenge could not be accepted as she had presented written evidence in Chinese without interpretation.
“In casu, the plaintiff claimed certain property that had been seized as belonging to her. She attached documents proving that she was the one who purchased the property from China,” the judge said.
“I say documentation because it is not clear whether these are receipts or invoices. These documents are in a foreign language, presumably in Chinese, and are not translated into the official language of registration, which makes difficult to say or read what is written on it. I find that the plaintiff has failed to prove that she is the owner of the property that she claims to be hers. I therefore reject the interpleading,” he said. she ruled.
Mhuri ordered that Chawayipira’s claim to all property listed in Notices of Seizure and Seizure dated September 27, 2021 which have been placed under seizure pursuant to the High Court’s order in case No. HC 4570 /19 be rejected.
“The assets mentioned seized as listed in the Notices of Seizure by the Petitioner dated September 27, 2021 be and are hereby declared enforceable,” the judge also ordered.
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