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Daniel Nemukuyu Senior Court Reporter
THE Supreme Court has dismissed an appeal by Ruby Auctions in which the auctioneers were challenging the decision by High Court judge Justice Nicholas Mathonsi to set aside attachment of Croco Motors’ property over a debt of US$725 762.
Ruby Auctions claims it received some goods for storage in March 2009 and it charged US$641 per day in storage fees. It is alleged that Croco Motors did not pay for the service until 2012 when Ruby Auctions filed a court application.
A default judgment was granted in favour of Ruby Auctions and the company obtained a writ of execution to attach two vehicles, office furniture, computers, printers and other assets from Croco.
Croco Motors, through its lawyer Advocate Thabani Mpofu, instructed by Manase and Manase law firm, successfully applied for rescission of the default judgment.
That prompted Ruby Auctions to approach the Supreme Court with an appeal. The appeal was dismissed on the basis that the auctioneer had erred in filing the appeal.
Justice Elizabeth Gwaunza sitting with Justices Anne-Mary Gowora and Antonia Guvava noted that Ruby Auctions did not first seek leave to appeal against Justice Mathonsi’s judgment.
That conclusively set aside the attachment of Croco Motors’ property.
Croco, in its rescission application, argued that it was not properly served with the summons for the case and that the claim was excessive and unjustified.
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