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ZIFA yesterday breathed a sigh of relief after their headquarters at 53 Livingstone Avenue and a house in Kensington, which were supposed to go under public auction, were scrapped from the sale at the intervention of the Deputy Sheriff. The association’s properties, which also include the Southern Region office in Bulawayo, were attached over an outstanding debt of nearly $340 000 owed to LED Travel and Tours.
The auctioneers at Southbay Real Estate had to strike off the sale of the two houses at the last minute after the association filed an interpleader challenging ownership of the properties. LED Travel and Tours lawyer Philip Nyakutombwa of Mugabe Nyakutombwa Legal Counsel yesterday confirmed the existence of the interpleader summons filed by ZIFA Private Limited.
“The auction was supposed to go ahead as scheduled since we had not received orders to the contrary from the courts. “I assume the Deputy Sheriff probably made the discretion to stop the sale and I am sure it was based on the interpleader filed by the lawyers representing ZIFA (Private) Limited.
“Basically, it’s to do with contesting the ownership of the properties and the issue now is to determine who really owns those assets. Again, from the conversation I had with my client (LED Travel and Tours), it appeared ZIFA were trying to make moves to reach out to them, which is where we have been trying to get to all along.
“Applying for the writ was the last option we had in this case after several unfulfilled promises. So we have 48 hours to respond to that, between now (yesterday) and Monday, and we will have to see the best way forward,” said Nyakutombwa.
ZIFA claim that all the properties, which also include the ZIFA Village in Mt Hampden, are not owned by the association as they are registered under a separate company called ZIFA (Private) Limited.
The title deeds are held in trust by the company’s lawyers, Gollop and Blank Legal Practitioners. LED Travel and Tours were issued with a writ of execution early this month to attach the buildings after ZIFA had failed to service long- standing debts. According to court documents, LED Travel and Tours secured a court order in 2012 for the sum of 209 460,92 together with interest and costs under case number 4623/12.
The debt was for car and bus rentals amounting to US$141 984,92 and air tickets for the Warriors valued at US$67 467. The other debt emanated from an agreement between ZIFA and Led Travel and Tours for the company to borrow money from two banks on behalf of the association to finance the Warriors’ Fifa 2014 World Cup qualifying campaign.
Online Reporter