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Cold Storage Company premises in Bulawayo

Mashudu Netsianda Senior Court Reporter
THE Cold Storage Company (CSC) has sued the Sheriff of the High Court challenging the transfer of its two properties in Bulawayo to a local businessman. The two properties situated in Bulawayo’s Ilanda suburb were attached by the sheriff over outstanding employees’ wages. CSC through its lawyers T Hara and Partners has filed an urgent chamber application at the Bulawayo High Court seeking an order blocking the transfer of its auctioned properties to Ahmed Esat’s name, arguing that the sale was illegal.

In papers before the court, CSC is the applicant while the Sheriff of the High Court, the company’s workers’ committee chairman, Jacob Mafusire, Hollands Real Estate, Esat and the Registrar of Deeds were cited as the respondents.

The properties were attached under a writ of execution against immovable properties issued by the Registrar of the High Court last year. Reuben Chagwinya, CSC’s administration manager, in his founding affidavit, wants the process of transfer of stand numbers 11970 and 8195 Bulawayo Township to be stopped forthwith.

The company also seeks an order interdicting Esat from interfering with its right of ownership of the properties. CSC said it was losing its two properties that were sold for $35,000 and $36,000 respectively at unreasonably low prices.

Chagwinya said the two properties were sold while there was a pending chamber application under case number HC 2736/15 seeking the postponement or suspension of the sale of the said property.

“The chamber application was not set down for hearing and the sale in execution went ahead notwithstanding that it was pending. It is only the urgent intervention of this honourable court that can forthwith stop the process of transfer of applicant’s property to fourth respondent’s (Esat) name to allow the applicant to pursue all options available before the sale of the property may be confirmed or declined,” he said.

Chagwinya said the company was in the process of engaging investors to provide working capital to enable it to redeem its debts. He argued that the sale of the attached property would impact negatively on the proposed turnaround strategy as it was likely to lead to the total collapse of the company.