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Senior Reporter
Masvingo Central legislator Dr Daniel Shumba faces four weeks imprisonment if he fails to release a Toyota Landcruiser Prado he “erroneously” attached in settlement of a debt.Dr Shumba obtained an order to attach property from Miliza Traders (Private) Limited and attached several vehicles from the company.
Among the attached vehicles was a Toyota Landcruiser Prado belonging to Mr Sylvester Dendere. Mr Dendere got an order for the vehicle to be surrendered to the sheriff for safekeeping pending determination of an appeal in the matter.
Mr Vunganayi Chivore of Gula-Ndebele and Partners represented Mr Dendere while Ms Olinda Nyamanhindi of Muringi and Kamudefwere acted for Dr Shumba.
High Court judge Justice Mary Dube on Tuesday found Dr Shumba in contempt of court and ordered him to surrender the vehicle to Mr Dendere’s lawyers within 48 hours of being served with the court order or risk spending four weeks in prison.
“It is ordered by consent that respondent (Dr Shumba) is in contempt of court. An order of imprisonment for contempt of court is granted against the respondent for four weeks.
“The operation of this order is suspended on condition that the respondent surrenders a Toyota Landcruiser Prado registration number ABX3951 to applicant’s legal practitioners being Gula-Ndebele and Partners on second floor ZB Centre, No. 59 Kwame Nkrumah Avenue, within 48 hours of service of this order on him.
“The order shall be subject to review by this court on the 22nd of January 2014,” ruled Justice Dube.
When Mr Dendere learnt that his vehicle had been “erroneously” attached, his lawyers filed inter-pleaders at the magistrates’ court claiming the vehicle back.
The court granted Mr Dendere’s order but Dr Shumba appealed against the decision at the High Court. While the appeal was still pending Mr Dendere filed an urgent chamber application for the vehicle to be surrendered to the sheriff pending determination of the appeal.
The order was served on Dr Shumba but he disobeyed it prompting Mr Dendere to file an application for contempt of court against him.
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