OLD Mutual Property Co-operation (Private) Ltd has
petitioned the High Court seeking an order to have former Women Affairs, Gender
and Community Development minister Nyasha Chikwinya incarcerated for failure to
settle a US$25 000 debt.
Old Mutual Property manager Marylyn Mabuwa recently
approached the court seeking an order to substitute an address at which her
firm believes Chikwinya could be located for purposes of serving her with summons for civil imprisonment after
several attempts at her previously known addresses failed.
“The applicant (Old Mutual) has exhausted all possible
avenues to try and effect personal service of the summons for civil imprisonment
at the respondent’s (Chikwinya) two known
addresses being number 2 Droitwich Avenue, Mt Pleasant,
Harare and 26 Glen Forest Road, Harare, with no success in circumstances where
the applicant believes that the respondent is still resident within the jurisdiction
of this honourable court,” Mabuwa said.
“The applicant’s view is that if the summons were to be
served at the respondent’s known address on a reasonable person the date of the
hearing will be communicated to the respondent.”
According to the court papers, Old Mutual obtained a
judgment against the ex-minister in case number HC13376/12 for payment of a
capital debt in the sum of US$17 583 and US$8 337,
holding over damages, interest and ancillary relief.
Mabuwa said after Chikwinya failed to extinguish the debt,
her firm instituted proceedings seeking to attach her property, but failed,
prompting the firm to seek civil imprisonment instead.
“To date the sheriff has been unable to serve a copy of the
summons for civil imprisonment on the respondent as is apparent on the returns
of service advice number 083200B, 0832771B and 145844B,” she said.
“It will be noted that the Sheriff has attempted on various
dates to effect service on the respondent’s known address of service.”
The matter is pending. Newsday
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