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Lovemore Meya Court Correspondent
Chitungwiza Municipality has won a case in which two businessmen had approached the court challenging the council’s decision to attach their property over non-payment of bills totalling $2 403.57.

Gilbert Bene and Agreny Tayisiti sued Chitungwiza Municipality and the Messenger of Court in Chitungwiza .

Council and the messenger of court were represented by Mr Privilege Seda of Mangwana and Part-ners.

On June 30, last year, council had handed the two an order compelling them to pay the bills.

However, they failed to do so and the court granted a default judgment on October 3 and on October 17 issued a writ of execution for the messenger of court to attach the property including a generator, handbags, travelling bags, women’s and men’s clothing and an upright fridge.

Bene and Tayisiti quickly applied for stay of execution pending recession of the default judgment, and this was granted.

This was after the Messenger of Court on June 29 this year handed them a notice of attachment.

Bene and Tayisiti argued: “The execution has been made against our landlord Mupindu. We are Mupindu’s tenants and the execution is not made for us as tenants. The matter in the court case No. 818-14 was between the first defendant and our landlord.

“A warranty of execution, which gives the power to the Messenger of Court to attach property, has been directed to our landlord issued on October 17,” reads part of their application.

They further said they were to suffer irreparable harm as their application for rescission would be rendered academic if execution was enforced.

Their matter was supposed to be argued in court on Tuesday, but they failed to appear.

This led to Mr Seda to persuade presiding Chitungwiza Civil Court magistrate Mr Lazarus Murendo, to dismiss their application.

“Your Worship, I pray for the dismissal of their application and implement execution since these two failed to appear to argue their case,” he said.

Magistrate Murendo ruled: “The application for stay of execution is, hereby dismissed.”