Law firm’s property attached

Court Reporter
A receptionist and a general hand took their employer, Chinyanga and Company Legal Practitioners, to the Labour Court for failing to settle close to $7 000 in salary arrears dating back to 2013. Olga Magonde and Clara Tsandukwa were awarded an arbitral order of $6 530 after the law firm failed to pay them salaries for the period they worked at the firm from November 2013 to September 2014.

The Messenger of Court attached the firm’s property worth $6 530. However, the law firm has inter pleaded seeking the court to stop the sale of the attached property arguing the property does not belong to them.

Magistrate Mr Brighton Pabwe is expected to rule over the matter on February 25. The firm’s office furniture, a motor vehicle (BMW) and Mr Chinyanga’s household property could be auctioned to pay off the debt. On September 1, 2015, arbitrator J. Madziya handed down the arbitral award and the pair’s lawyers’ used the order to obtain a writ.

A writ of attachment is a court order to attach or seize an asset. It is issued by a court to a law enforcement officer or sheriff.

Mr Oswell Chinyanga’s wife, Nicea Gumbo, one Samson Zunzanyika and Passmore Tawengwa filed their affidavits claiming that the goods that were attached belonged to them not Chinyanga and Company Legal Practitioners. Zunzanyika in his affidavit submitted that the vehicle in question was his and that Chinyanga had borrowed it for use since his vehicle had broken down.

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