Daniel Nemukuyu Senior Court Reporter
SEKE Legislator Phineas Chihota’s vehicle and household property valued at $30 000 will now be auctioned in settlement of a debt owed to his former employee.
This followed the dismissal of his urgent chamber application for stay of execution at the High Court this week.
Chihota and his co-director in Wallace Laboratories, Bessie Chihota, received a $30 000 loan from the company’s former managing director, Mr David Mabuwa, but failed to pay back.
The Sheriff has since attached a Ford Ranger vehicle and an assortment of household goods.
Removal of the property from the family’s Greystone Park house had been set for Monday this week, but Chihota filed an urgent chamber application at the High Court to stop the process and subsequent sale of the property.
However, Justice Hlekani Mwayera, threw out the application, a development that gave green light to the sheriff to remove and auction the attached property.
The property in question includes:
A Ford Ranger vehicle (ADV 3229), black water tank, two refrigerators, washing machine, microwave, eight dining chairs and a table, two sets of leather sofas, six bar stools, television sets and coffee tables.
In the failed application for stay of execution, the Chihotas wanted to stop the process pending determination of their application for rescission of a judgment compelling them to pay the debt.
The two argued that the attachment of property was done pursuant to a default judgment entered against them and that they were now challenging it.
They argued that the default judgment was fraudulently obtained and must be rescinded.
Former managing director for Wallace Laboratories, Mr Mabuwa advanced a loan of $30 000 to the Chihotas on February 5 2010.
Wallace laboratories acted as guarantor.
The loan, according to the agreement, was repayable within a month but the two breached the agreement.
Despite demand, the two did not repay the money resulting in Mr Mabuwa approaching the courts for recourse.