In
this matter, Chief Mapanzure of Zvishavane granted an order on the 4th May 2007
in terms of which the first respondent was directed to deliver one cow or its
value and costs of suits both totalling $280,000,000= in Zimbabwean currency.
The judgment of the Chief's court was confirmed and registered by the
Zvishavane Magistrates' ...
In
this matter, Chief Mapanzure of Zvishavane granted an order on the 4th May 2007
in terms of which the first respondent was directed to deliver one cow or its
value and costs of suits both totalling $280,000,000= in Zimbabwean currency.
The judgment of the Chief's court was confirmed and registered by the
Zvishavane Magistrates' Court on 6th May 2008.
That
court then issued a writ of delivery and execution on the 3rd April 2008 in
favour of the applicant directing the third respondent to recover one( 1) head
or $280,000,000= together with costs from the first respondent. On the 3rd May
2008, the third respondent attached and removed two (2) head of cattle from the
first respondent. According to his return of service of that date he -
“Attached
2 x herd of cattle including 1 herd cost of suits (sic). Two cattle taken to
Chief Mapanzure as per Defendant's instruction.”
According
to the applicant, he was given one cow which was already in calf and it gave
birth to a progeny at a later stage while the other cow was taken by the Messenger
of Court to cover his costs of execution.
From
the record of the Magistrate's Court, it would appear that the Respondent
approached the Clerk of Court after the execution of the Chief's order and
sought to reverse the execution claiming that he had paid the Chief the
monetary value of the judgment. On the
16th May 2008, the Clerk of Court wrote a letter to Chief Mapanzure which reads
as follows -
“Case
no. 021/07
Chief
Mapanzure
Zvishavane
RE: MORRIS CHINGUWA V
SIPHO NYONI: CASE NO. CC 93/08
We
have been informed by Mr Sipho Nyoni that we erroneously issued a warrant of
delivery in the above case because he had already satisfied the judgment of
Chief Mapanzure dated 4th May 2007. He produced a document to corroborate his
story. The messenger of court has attached two herd of cattle (sic) which are
in udder and the other one has already delivered a calf. May you therefore allow your messengers to
assists Mr. S. Nyoni to recover his beasts from Mr. Morris Chinguwa with
immediate effect before he disposes of them.
We
thank you.
Yours
faithfully
(Signed)
REVAI
R.V
For
Resident Magistrate.”
On
the 14th July 2008, the Clerk of Court wrote another letter, this time
addressed to the Messenger of Court Zvishavane, which reads in part as follows
-
“RE: MORRIS CHINGUWA vs SIPHO NYONI CASE NO. CC93/08
OR CH021/07
We erroneously issued a warrant of delivery when the Chief's judgment
was satisfied. We notified the Chief to assist Mr. Sipho Nyoni to reclaim is
beasts. He was not assisted. We are left without an alternative, but to
issue a warrant of delivery to reverse the one which was erroneously issued as
it was invalid.
Yours faithfully
(Signed)
R. V Revai
For Resident Magistrate.”…,.
Prior
to writing that letter, the Clerk if Court had issued a writ of delivery on the
11th July 2008 in favour of the respondent directing the Messenger of Court to
recover from the applicant two cows and two (2) calves. It is this writ which
was used to recover four (4) herd of cattle from the applicant.
The
applicant was aggrieved by this turn of events especially as he had not been
served with any court process and he approached the Magistrates Court of
Zvishavane on 3rd March 2009 and issued a summons commencing action against the
respondent seeking an order for the return of the four (4) beasts taken from
him.
The Magistrates' Court went on to hear that
claim starting on the 19th March 2009. Much later, on the 13th July 2009, the
Magistrate dismissed the claim with costs. No reasons were given for that
decision.
