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Mashudu Netsianda Senior Court Reporter
THE High Court has ordered the deputy sheriff to cancel the sale of Hwange Colliery Company (HCCL) property which was attached over a debt of more than $18,000.

The company owes a Bulawayo doctor, Dr Adolf Macheka, $18,438 for services rendered to a senior employee at the firm.

Bulawayo High Court judge, Justice Nokuthula Moyo, interdicted the deputy sheriff from executing an order which was granted following a default judgment in favour of Dr Macheka.

Justice Moyo’s ruling follows an urgent chamber application filed by HCCL citing the deputy sheriff of Hwange and Eric Moyo as the respondents.

Eric bought the company’s equipment during a public auction.

“It’s hereby declared that the sale in execution conducted by the first respondent (deputy sheriff) on January 26, 2016, be and is hereby set aside on the grounds that it was irregular,” ruled Justice Moyo.

The attached property which was sold in a public auction includes a bell back hoe and a bell dozer. The equipment is critical in the day-to-day-operations of the company.

In an application through its lawyer, Allen Masiya, HCCL sought an order nullifying the sale of its property conducted by the deputy sheriff in January.

The sale of the property followed last year’s ruling by Justice Maxwell Takuva ordering HCCL to pay Dr Macheka $18,438.

Masiya said the sale of the property was irregular and argued that his company had reached an agreement with the doctor’s lawyer on a payment plan.

He said the property was sold at unreasonably low price, $28,000, while HCCL valued it at $171,000.

The company said Eric demanded $60,000 in exchange for the sold property.

According to court papers, HCCL confirmed that it was responsible for its employer’s medical bill but allegedly failed to pay the money despite proposing a payment settlement.