High Court blocks Deputy Speaker Ndlovu from evict­ing busi­ness­man

Chronicle (Zimbabwe) - - National News - Mashudu Net­sianda Se­nior Court Re­porter

THE High Court has blocked for­mer Deputy Speaker of the Se­nate Cde Nai­son Khutshwekhaya Ndlovu from evict­ing busi­ness­man Mr Nqo­bile Khu­malo from Eric Mine in Fi­l­abusi.

Bulawayo High Court judge Jus­tice Ni­cholas Mathonsi’s rul­ing fol­lows an ur­gent cham­ber ap­pli­ca­tion by Mr Khu­malo chal­leng­ing his evic­tion pend­ing a court ap­pli­ca­tion for rescis­sion of de­fault judg­ment granted in favour of Cde Ndlovu.

“The evic­tion of the ap­pli­cant ( Mr Khu­malo) by the re­spon­dents in pur­suance to the or­der of this court granted un­der HC1433/16 be and hereby stayed pend­ing the fi­nal­i­sa­tion of the rescis­sion of the judg­ment ap­pli­ca­tion un­der HC2066/16,” ruled Jus­tice Mathonsi.

Cde Ndlovu was last month given the green­light by Jus­tice Maxwell Takuva to evict Mr Khu­malo from Win­nefred Mine also known as Eric Mine.

In pa­pers be­fore the court, Cde Ndlovu and his com­pany, En­tum­bane Trad­ing, were cited as the re­spon­dents.

Mr Khu­malo, in his found­ing af­fi­davit, said the or­der was granted in er­ror and with­out his knowl­edge.

He ar­gued that he was not served with a no­tice of set-down for the mat­ter re­sult­ing in it sail­ing through un­op­posed.

“I was sur­prised to hear that the re­spon­dents ob­tained an or­der by de­fault on Au­gust 4, 2016. It is clear that the de­fault judg­ment was ei­ther granted in er­ror or through some gross mis­rep­re­sen­ta­tion by the re­spon­dents,” he said.

Mr Khu­malo, through his lawyer Mr Norman Mugiya of Mugiya and Macharaga Law Cham­bers, ar­gued that Cde Ndlovu’s claim was base­less and lacked merit.

The dis­puted gold mine has for the past three years been at the cen­tre of con­tro­versy which also in­volved for­mer Sport and Re­cre­ation Min­is­ter, An­drew Langa.

Is­raelis Reoven Meyer Dray and Avi Habot were ini­tially in a part­ner­ship with Mr Khu­malo and his wife, Ms Francesca Mu­fambi, but later ditched them and roped in Mr Langa and his part­ners. — @mash­nets

Cde Nai­son Khutshwekhaya Ndlovu

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