Zimpapers Logo

Justice Chigumba

Fidelis Munyoro and Daniel Nemukuyu
A local travel agency that is fighting to recover $24 000 from Zimbabwe Football Association (ZIFA) has been granted a garnishee order against the soccer body.

The Travel Bureau (Pvt) Ltd, which was represented by Mrs Tsungirirai Marufu-Maune of Gutu & Chikowero Legal Practitioners, had sought an order empowering it to attach all funds that are deposited in Zifa’s two bank accounts with Steward Bank until clearance of the outstanding debt.

Mrs Marufu-Maune told Justice Priscilla Chigumba that Zifa filed its opposing papers out of time and were barred from contesting the claim. She said her papers were in order and implored the court to grant the relief she sought. Justice Chigumba found the submission in order and granted the application.

“Any amount due or becoming due to judgment debtor( Zifa) by the garnishee in the form of any money held, deposited or transferred into account number1001172359 and account number 100142926, be and is hereby attached until the sum of $24 263.50 is paid in full,” said Justice Chigumba.

“The garnishee shall transfer any money at present due or becoming due to judgment debtor in the form of any money held, deposited or transferred into account number 1001172359 and account number 100142926 directly to Negona’s Transport’s account number 350015957, NMB Excellence Branch, until the sum of $24 263.50 is paid in full.”

Zifa was also ordered to pay costs of suit. The debt in question arose from unpaid airfares. The Travel Bureau paid for the national soccer team to travel to Cameroon sometime back. Zifa paid part of the debt and left a balance of $24 263.50.

The court has since ordered Zifa to pay the debt but it has failed. In its papers the Travel Bureau claimed that it continued to be prejudiced by Zifa’s actions because its money has not been paid back despite attempts to have the judgment debtor to do so amicably, thereby unjustly enriching it and unjustly prejudicing the judgment creditor.

Zifa strongly opposed the application, but filed its papers out of time resulting it being barred to contest the claim. It argued that the default judgment relied on by The Travel Bureau was granted in error.

Zifa also argues that after a thorough search of its documents, no papers were found to substantiate the debt in question. According to the opposing papers, the default judgment in question was issued against former Zifa president Dr Cuthbert Dube and ex-chief executive Mr Jonathan Mashingaidze, hence suing Zifa alone in the garnishee application was unjustified.