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Unitime Investments was initially granted the default judgment after Herentals College failed to file an opposing affidavit in seven days com­pelling it to pay Unitime US$260 000.
According to the initial judgement, Unitime obtained a writ of execution to attach Herentals College property last Monday.
Unitime Investments wanted to attach properties that included a Caio bus, two Nissan microbuses, Toyota Coaster, Freightliner horse and a trailer.
The writ was stopped after Justice Mary Zimba-Dube granted a provi­sional order on May 31 to stop the exe­cution. This was after Herentals College filed an urgent chamber application challenging the judgment.
Unitime Investments is demanding US$260 000 from Herentals College as part of the purchase price for the Cold Comfort Primary School.
Herentals College, through its execu­tive director Mr Emmanuel Mahachi, argued that they were not aware of the court application that resulted in the default judgement.
In his founding affidavit, Mr Mahachi said the court papers were served to a wrong address which they left in August last year.
“The applicant had not been aware of the service court application which cul­minated in the default judgement referred to above because service was effected at an address given in the agreement of sale as the domicilium citandi but occupied by neither the applicant nor its agents at the time of service,” said Mr Mahachi.
He argued that Unitime Investments snatched a judgement in circumstances where it was aware that the applicant had not seen copy of the court process in question.
Mr Mahachi further states that Herentals College had already termi­nated the agreement of sale and was demanding a refund of its US$100 000 paid to Unitime Investments.
He said after buying the school, another company Power Release came claiming ownership of the school.
Mr Mahachi said Presidential Affairs Minister Didymus Mutasa also cleared the air by saying neither Unitime nor Release Power owned the school as it was owned by the Cold Comfort Trust.
He said after noting the ownership disputes at the school, Herentals Col­lege had since built another school at another piece of land obtained from the Cold Comfort Trust.