PROMINENT Bulawayo businessman Ismail Moosa Lunat has
approached the High Court challenging the auctioning of his property over a
debt of more than US$384 000 that he owes fellow businessman Mr Mohammed
Zakariya Patel.
The property which is set to go under the hammer includes a
Mazda Axela, Toyota Rav4, Honda Odyssey, laptops, leather couches, office
furniture and accessories, television sets, refrigerators, nursery toys and
clothes among other valuable items. The goods were supposed to be auctioned
last week in Bulawayo by Auction House after they were attached by the Sheriff
of the High Court following Lunat’s failure to pay back Mr Patel US$384 177.
Lunat was last year taken to the High Court by Mr Patel
over the debt, which he failed to repay. The auction was suspended due to
Covid-19.
Lunat (57), who has a pending court case for allegedly
fuelling the forex black market, money laundering and externalisation of more
than US$2,2 million, filed an urgent chamber application at the Bulawayo High
Court, citing Mr Patel and the Deputy Sheriff of the High Court as respondents.
He wants an order interdicting the respondents from selling his property.
In his founding affidavit, Lunat who is being represented
by Mr Nqobani Sithole of Ncube Attorneys, said in light of Statutory Instrument
33/2019 and the Finance Act No 2 of 2019, it was wrong for Mr Patel to demand
the debt is United States dollars, arguing that all assets and liabilities
denominated in United States dollars owing immediately before February 22, 2019
were automatically valued in RTG$ on a rate of 1:1.
“As such, the first respondent (Mr Patel) misled the High
Court in its claim and the honourable court acted on this misleading claim. The
law could not have been clearer than this and I am advised by the counsel that
the Supreme Court has pronounced itself on the issue, leaving no doubt as to
the meaning of both SI 33/19 and the
Finance Act No 2 of 2019 in respect of this matter,” he said.
“Through my attorneys of record and on the 17th of March
2020, I paid a sum of $384 177 in local currency to the respondent’s legal
practitioner, who however, protested insisting on payment as per the judgment
under HC196/19.”
Lunat said Mr Patel acknowledged payment of the debt but
claimed that it was not enough resulting in him attaching his property.
“I have a prima facie right to protection and benefit of
the law as a debtor in circumstances where legislation has been made that
affects my indebtedness. The conduct of the first respondent through his lawyer
is injurious to my right because despite payment of my debt in full, they seek
to have my property sold contrary to the law. I therefore seek an order
interdicting the second respondent (Deputy
Sheriff of the High Court) from disposing of my property
pending the return date,” he said.
On April 3 last year, Mr Patel filed summons under case
number HC762/19 through his lawyers Moyo and Nyoni Legal Practitioners, citing
Lunat, as a defendant.
According to court papers, on January 11 last year, Lunat
signed an acknowledgement of the debt and offered to pay back the money within
three months.
Mr Patel then later filed an application for summary
judgment under case number HC2489/19 through Samukange Hungwe Attorneys citing
Lunat as a respondent.
Mr Patel said his claim against Lunat was premised on the
acknowledgement of the debt by the respondent. Chronicle
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