Tourism firm challenges attachment of property

A VICTORIA Falls tourism firm, Bush Cuisine Private Limited, has filed an urgent High Court chamber application challenging attachment of its property over a salary debt owed by its subsidiary, Mapopoma Private Limited.

BY SILAS NKALA

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Bush Cuisine Private Limited and Mapopoma (Pvt) Ltd are both owned by Desmond Van Jaarsveldt.

Mapopoma’s former workers recently won an arbitration award which ordered the company to pay them their outstanding pay, which is over $125 000.

Bush Cuisine managing director Kim Van Jaarsveldt filed the urgent chamber application on June 13 at the Bulawayo High Court and cited Victoria Falls deputy Sheriff, former Mapopoma workers, as respondents in the matter.

Van Jaarsveldt submitted that his company’s property was wrongly attached as it had nothing to do with the matter.

“The applicant having caused an interpleader process to be filed then mistakenly and foolishly failed to file its opposing affidavits. The matter was dismissed on account of applicant’s default,” Jaarsveldt submitted.

In his founding affidavit, Jaarsveldt submitted that the nine former Mapopoma employees won a judgment against the company in which they were granted a writ of execution.

Jaarsveldt said the application was heard without the company filing its opposing papers and a default judgment was passed against it hence it filed an application for the rescission of that judgment since it was not happy about the move.

“The first respondent in that regard took a bus of the applicant valued at $5 000. The respondent also wishes to take a boat docked at the Zambezi River valued at $120 000,” Jaarsveldt submitted. “Applicant has nothing to do with that dispute between the parties as it has never employed the said respondents at any time. The only link applicant has with Mapopoma Pvt Ltd is that it shares a common shareholder Desmond Van Jaarsveldt.”

Jaarsveldt prayed for the stay of execution of the judgment issued under HC 3344/15.

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