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Auxilia Katongomara Court Reporter
THE Supreme Court has blasted the Deputy Sherriff in Gwanda for failing to follow proper procedure and ordered a reversal of a sale of auctioned property conducted four years ago.

The property valued at $1,8 million includes earthmoving equipment, vehicles and several mining tools that belonged to the Zimbabwe Mining Company (ZMC).

The property was attached over a $36,000 debt owed to Outsource Security.

The Deputy Sheriff attached equipment from the company and auctioned it without making an inventory and evaluation.

Deputy Chief Justice Luke Malaba sitting with acting judge of appeal Justice Francis Bere and Justice Tendai Uchena on circuit in Bulawayo, also ordered the deputy sheriff to refund the buyers of the attached property within 14 days.

“The duty of the Deputy Sheriff is to protect public interest. She may not have known the law but she was supposed to value goods item by item before they were auctioned. I wonder why the judge from the court aquo ordered a writ of execution without a valuation of the goods,” said Justice Malaba.

The judge nullified the sale of the property, arguing that the deputy sheriff did not make a proper valuation of the goods.

Justice Malaba ordered all buyers to return the sold property within 14 days of the court order.

The judge also ruled that Outsource Security and the Deputy Sheriff, Gwanda should refund the companies that bought the property, in full, within 30 days.

In 2012 ZMC was sued by Outsource Security over a debt of $36,748.

In its grounds of appeal, ZMC through its lawyers Advocate Firoz Girach said the attachment of the goods was illegal, arguing that the deputy sheriff flouted Rule 335 of the High Court Rules.

Adv Girach further argued that the Deputy Sheriff attached assets valued at $1,878,000 for a debt of $36,000 thereby prejudicing the company and subsequently stalling operations.

Adv Girach said a bulldozer and a caterpillar were sold for $21,000 and $32,000 respectively, less than 10 percent of their actual value.

He said a CAT excavator valued at $180,000 was sold for only $51,000.