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Fidelis Munyoro Chief Court Reporter
The Supreme Court last week granted Bikita West National Assembly Member Dr Munyaradzi Kereke the green light to file his appeal out of time in the case in which his firm, Fairdrop Trading (Pvt) Ltd, which owns RMC Hospital is challenging a High Court decision compelling him to settle a US$1, 7 million tax arrears with the Zimbabwe Revenue Authority.
Dr Kereke, who was being represented by his lawyer Advocate Lewis Uriri, had applied for condonation of late noting of appeal, leave to appeal out of time and extension of time within which to appeal before Justice Bharat Patel sitting in his chambers.
Justice Patel granted the order by consent of both parties’ lawyers.
“It is ordered by consent that the applicant’s late noting of appeal be and is hereby condoned,” said Justice Patel. “The applicant be and is hereby granted leave to file its notice of appeal out of time.”
The parties also agreed to have the applicant granted an extension of time within which to note its notice of appeal within 48 hours of the order.
Dr Kereke has since complied with the order and filed his notice setting the appeal in motion.
Dr Kereke brought an appeal to the Supreme Court in June challenging the High Court decision forcing him to settle his outstanding arrears but it was struck off the roll after the court found an anomaly.
This means Dr Kereke’s lawyers had to file a fresh appeal in conformity with the rules of the Supreme Court.
Dr Kereke wants garnishee orders imposed on RMC Hospital’s major debtors stayed pending determination of an appeal to Zimra’s Commissioner-General on November 21 last year, including any appeal to the Fiscal Appeals Court.
The Fiscal Appeals Court has started hearing appeals from companies and individuals that are challenging the revenue authority’s tax system.
Justice Samuel Kudya is presiding over the special court
In the case of Fairdrop, Zimra argues that Dr Kereke should not seek the court’s assistance to aid him bar the tax collector from exercising its lawful mandate.
Zimra imposed garnishee orders on RMC’s major trade debtors – Cimas, Premier Service Medical Aid Society and Stanbic Bank – to collect tax liabilities amounting to US$3, 297 103, 62.
Zimra subsequently slashed RMC’s tax bill to US$1,7 million when Dr Kereke submitted information required for tax assessments.
Online Reporter