High Court grants Zifa reprieve

Chidzambwa from attaching the association’s property to offset the US$67 000, which the coach is claiming he is owed in unpaid salaries.
In a ruling delivered by High Court judge Justice Anne-Mary Gowora yesterday, Zifa were granted an interim relief they had sought which means that the association’s property, including the Zifa headquarters at 53 Livingstone Avenue, cannot be attached.
After another High Court judge Justice Lavender Makoni had handed a default judgment in Chidzambwa’s favour, a desperate Zifa then made an urgent chamber application to have the ruling rescinded and to ensure that the writ that the veteran coach had sought to attach their property was stayed.
Justice Gowora had on Monday reserved judgment on the matter when she heard submissions from Zifa lawyer Ralph Maganga and Chidzambwa’s legal representatives Scanlen and Holderness.
But in her ruling yesterday, Justice Gowora gave Chidzambwa’s camp 10 days to oppose the interim order failure of which the final order that is being sought by Zifa will be granted.
Chidzambwa was cited as the first respondent with the Deputy Sheriff being the second respondent in the case.
“Take note that on 9th day of June 2011 the High Court sitting at Harare before the Honourable Mrs Justice Gowora issued a provisional order as shown:
“That you show cause to this Honourable Court why a final order should not be made in the following terms:
l Execution in case No. HC4939/10 be and is hereby stayed.
In the event that execution has been carried out by the time this order is granted the sale of the attached property be and is hereby stayed.
l “Respondent be ordered to pay the costs of this application if it opposes,” read part of the ruling.
Justice Gowora also interdicted Chidzambwa from executing the ruling that was granted in his favour via the default judgment.
“Pending finalisation of this matter the applicant is granted the following relief: the respondent be and is hereby interdicted from executing in any manner, execution in respect of the judgment granted in his favour under case No. HC4939/10.
“If you do not file an opposing affidavit within the period specified above, this matter will be set down for hearing in the High Court at Harare without further notice to you and will be dealt with as an unopposed application for confirmation of the provisional order.
“If you wish to have the provisional order changed or set aside sooner than the Rules of Court normally allow and can show good cause for this, you should approach the applicant/applicant’s legal practitioners to agree in consultation with the registrar on a suitable hearing date.
“If this cannot be agreed or there is great urgency, you make a chamber application on notice to the applicant, for directions from a judge as to when the matter can be argued,” Justice Gowora said.
A relieved Maganga said Zifa would now move to try and have the ruling by Justice Makoni rescinded.
“Obviously what it means is that we will be moving for confirmation of this provisional order so that we push for the application to have the judgment rescinded.
“Our wish we get a chance to argue the matter in a trial court and that is why we are fighting for the whole judgment to be set aside.
“But we are happy that the execution has been stayed.
“This was the purpose of the urgent chamber application,” said Maganga.
The current Zifa leadership, which came into office on March 27 last year, have had to contend with a number of legal battles most of which they inherited from their predecessors.