SOUTH AFRICA-BASED Zimbabwean businessman Frank Buyanga has
been taken to court by Harare man, Patison Sithole, who is seeking his civil
imprisonment over a 2014 US$172 000 debt which has remained unserviced since
three years ago.
According to the court papers, Sithole instituted civil
proceedings against Zimcortrust Limited, Buyanga and one Fiona Machekeche
sometime in August 2015. The legal suit culminates from a dispute over a
residential stand in Glen Lorne, Harare.
When the matter was determined by High Court judge Justice
Loice Matanda-Moyo on November 18, 2015, Buyanga and his co-defendants were
ordered to pay Sithole over US$100 000, but the pair has defied the order.
This has prompted Sithole to approach the High Court for a
civil imprisonment order. “You (Frank Buyanga) are called upon to pay the
plaintiff (Patison Sithole) the sum of US$172 204,30, with interest thereon at
the prescribed rate of 5% per annum from November 18,
2015 to the date of payment. You are required to pay this
sum by virtue of a judgment obtained against you in the High Court at Harare on
November 18, 2015, under which you were also ordered to pay the cost of that
case, which amount is to be taxed,” Sithole said in the summons for civil
imprisonment.
Sithole further said in the event that Buyanga failed to
pay the said cash, he would have to appear before a High Court judge and
explain his position.
“If you fail to pay the sum specified above, you must
appear before the High Court at Harare on June 12, 2019, at 10am, to explain
why you have not paid it and to show cause why an order for your imprisonment
should not be made on account of your failure to pay. You should bring with you
evidence of your financial position, and it will be in your own interest to
give the court the evidence of your income from wages, salary or other
earnings, and any other income you may receive from any other source, your
expenses for yourself and any dependents and any other liabilities you may be
subject.”
According to the summons, Buyanga would not be committed to
prison if his position on how he intended to extinguish the debt is be accepted
by the court. The matter is pending. Newsday
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