Reprieve for QV

Fidelis Munyoro Chief Court Reporter
QV PHARMACY has won the right to remain in occupation of premises it was renting at Sam Levy’s Village in Borrowdale after the Supreme Court nullified its eviction from the property. The pharmacy, which is now under judicial management, had been evicted by Mutual Finance (Pvt) Ltd.

QV judicial manager Mr Winsley Militala of Petwin Executors sought a spoliation order from the High Court, which was declined,
This week, Supreme Court judge Justice Vernanda Ziyambi declared the eviction of the pharmacy unlawful and ordered Mutual Finance to allow QV to occupy the premises in question.

Advocate Thabani Mpofu argued because QV was under provisional judicial management by order of the High Court, this effectively suspended execution of all writs and warrants against the company.

He told the court that Mutual Finance went against the law when it obtained the warrant of eviction and caused the Messenger of Court to give notice of eviction last month without seeking leave of the court.

Adv Fadzayi Mahere, who acted for Mutual Finance, urged the court to dismiss the appeal with costs because the judicial management order could not allow QV to remain in occupation of the premises, which have since been occupied by a new tenant.

The judicial manager and QV, argued Adv Mahere, did nothing to impinge the findings of the lower court.
Last week QV Pharmacies appealed to the High Court to nullify its placement under provisional judicial management, arguing that the order was “clandestinely” obtained.