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Justice Ziyambi

Fidelis Munyoro Chief Court Reporter
The Supreme Court has dismissed an appeal by Air Zimbabwe to stop a former manager from auctioning 29 vehicles he attached to recover a more than US$140 000 retrenchment package.
The ruling means the vehicles will now go under the hammer as the airline’s former sales and marketing manager, Mr Stephen Nhuta, seeks to raise money in settlement of a US$141 790,82 debt.

He won his labour dispute last year and attached 29 Air Zimbabwe vehicles.
The arbitral award, which was registered at the High Court, empowered Mr Nhuta to attach and auction the vehicles to recover his retrenchment package.
Although Air Zimbabwe tried to stop the auction of the vehicles through an urgent application at the High Court, it lost the case.

The airline then took the matter to the Supreme Court on appeal, but Justice Vernanda Ziyambi yesterday dealt it a severe blow when she threw out the appeal for want of merit.

“The appeal . . . lacks merit and is hereby dismissed with costs,” ruled Justice Ziyambi. Justices Paddington Garwe and Bharat Patel concurred with the ruling.
Justice Ziyambi upheld the lower court’s decision that the airline was not covered under the provisions of the Finance Act, which protects the attachment or execution of Air Zimbabwe (Private) Limited assets.

Advocate Lewis Uriri, who acted for Air Zimbabwe, also raised the issue of property ownership, arguing that the property attached belonged to Air Zimbabwe and not to Air Zimbabwe Holdings that were both cited as appellants.

In support of the claim, the airline attached several registration books to its papers.
Adv Uriri further argued that the attachment of Air Zimbabwe (Private) Ltd and Air Zimbabwe Holdings (Private) Ltd’s property to satisfy debts owed by either of the two was in violation of the law and therefore illegal under the Finance Act.

The court was not convinced with the argument and Justice Ziyambi ruled: “It is trite that registration books are not proof of ownership.”
Adv Thabani Mpofu, who appeared for Mr Nhuta, argued that the property attached belonged to Air Zimbabwe Holdings, which was not protected by the provisions of the Finance Act.

He also said when Air Zimbabwe Holdings reneged on the payment plan it had offered to his client, the Deputy Sheriff was instructed to attach and remove the vehicles from Air Zimbabwe premises.