By Mary Taruvinga
HARARE based land developer Felix Munyaradzi recently lost all his household property after failing to settle a US$80 000 debt.
The money is owed to Hazvibviri and Rosewita Njokoya.
Munyaradzi had tried to block seizure of the property through his wife Precious Tsitsi Chawayipira with no luck.
The Njokoyas obtained an order against Munyaradzi on March 31 last year in the sum of US$80 000 plus interest and costs.
Armed with this order the creditors instructed the Sheriff to attach Munyaradzi’s household property.
Chawayipira then laid claim to the property on October 7 last year.
She wanted an order declaring the property not executable and be declared hers.
She also wanted the creditors to pay costs of suit.
Munyaradzi’s wife said some of the property belonged to her alone although she is legally married to Munyaradzi in terms of the Marriages Act.
She said she bought the property from China.
Chawayipira went on to attach documentation written in Chinese to support her claim. She said she had shown the sheriff during attachment but was ignored.
The Njokoyas challenged her submissions, accusing Chawayipira of conniving with her husband to frustrate the creditor’s recovery efforts.
In handing down her judgement, High court judge Justice Emily Mhuri said Chawayipira’s challenge cannot be accepted because she tendered evidence written in Chinese language without interpretation.
“In casu the claimant laid claims on certain property that had been attached as belonging to her. She attached documents as proof of the fact that she is the one who purchased the property from China,” said the judge.
“I say documentation because it is not clear from it whether they are receipts or invoices. These documents are in foreign language , presumably Chinese, not translated to the official language of record, making it difficult to tell or read what is written on them. I find the claimant has failed to prove that she owns the property she claims belongs to her . I therefore dismiss the interpleader,” she ruled.
Mhuri ordered that Chawayipira’s claim to all the property listed in the notices of seizure and attachment dated 27 September 2021 which were placed under attachment in execution of the High Court order under case No HC 4570/ 19 be dismissed.
“The mentioned property attached as listed in the notices of seizure by applicant on the September 27 2021 be and is hereby declared executable,” the judge also ordered.