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Mashudu Netsianda, Senior Court Reporter
THE High Court has blocked former Deputy Speaker of the Senate Cde Naison Khutshwekhaya Ndlovu from evicting businessman Mr Nqobile Khumalo from Eric Mine in Filabusi.
Bulawayo High Court judge Justice Nicholas Mathonsi’s ruling follows an urgent chamber application by Mr Khumalo challenging his eviction pending a court application for rescission of default judgment granted in favour of Cde Ndlovu.
“The eviction of the applicant (Mr Khumalo) by the respondents in pursuance to the order of this court granted under HC1433/16 be and hereby stayed pending the finalisation of the rescission of the judgment application under HC2066/16,” ruled Justice Mathonsi.
Cde Ndlovu was last month given the greenlight by Justice Maxwell Takuva to evict Mr Khumalo from Winnefred Mine also known as Eric Mine.
In papers before the court, Cde Ndlovu and his company, Entumbane Trading, were cited as the respondents.
Mr Khumalo, in his founding affidavit, said the order was granted in error and without his knowledge.
He argued that he was not served with a notice of set-down for the matter resulting in it sailing through unopposed.
“I was surprised to hear that the respondents obtained an order by default on August 4, 2016. It is clear that the default judgment was either granted in error or through some gross misrepresentation by the respondents,” he said.
Mr Khumalo, through his lawyer Mr Norman Mugiya of Mugiya and Macharaga Law Chambers, argued that Cde Ndlovu’s claim was baseless and lacked merit.
The disputed gold mine has for the past three years been at the centre of controversy which also involved former Sport and Recreation Minister Andrew Langa.
Israelis Reoven Meyer Dray and Avi Habot were initially in a partnership with Mr Khumalo and his wife, Ms Francesca Mufambi, but later ditched them and roped in Mr Langa and his partners.
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Blessing Chizhande