Ozias Bvute property on the line over a ‘US$227,000 debt’
Zanu-PF legislator and top businessman Ozias Bvute is in danger of losing property worth US$227 000 over an alleged debt.
Bvute has now approached the High Court seeking to extinguish a judgement which gave power to Megalink Investments (Megalink) to attach Bvute’s property over the said debt.
In summons filed at the High Court, Bvute denies owing Megalink the said amount adding he cleared all his arrears with Megalink and was surprised to see the Sherriff of the High Court turning up at his doorstep to execute the said order.
Allegations are that sometime in March 2015, Megalink Investments supplied Bvute with certain equipment worth the sum of US$853 000.
Bvute claims he settled the amount over a year, with the last payment being made in November 2016.
“However, on the 25th of January 2019 the Respondent proceeded to issue summons against me in this Honourable Court under case number HC 507/19 claiming the sum of US$227 000,” Bvute said.
“In the summons and declaration, the Respondent claimed that I had only settled the sum of US$626 000.00. I denied owing and considered any debt having prescribed considering that the obligation arose in March 2015.”
“I am further advised that the two legal practitioners felt that this was a matter that could be resolved by simple reconciliation of figures to see if indeed there was any shortfall considering that I maintained that I had fully extinguished my obligations to the Respondent in respect of the transaction.”
“Considering that it was the festive period the parties failed to meet, and my legal practitioner failed to file the plea within the ten (10) days ordered by the judgement of the 9th of December 2019. On the 29th of January 2020 I learned that default judgement had been obtained against me on the 23rd of January 2020.”
“My legal practitioner wrote to Mr Kadare inquiring why he would seek default judgement before the parties had met per his own suggestion. He further inquired whether there was still scope for such a meeting or he should apply for default judgement. Please find the letter dated 30 January 2020 attached hereto marked Annexure “III”.”
“Mr Kadare responded positively by suggesting that whilst it was within my rights to seek rescission for default judgement this would not resolve the matter but rather a meeting between the parties gave room for an amicable settlement,” he continued.
“Pursuant to this correspondence the parties’ lawyers met on the 4th of February 2020 and agreed to finalise the figures discussed during the reconciliation and it was further agreed that execution would be stayed pending the finalisation of the issue regarding actual indebtedness. My legal practitioners wrote a letter of confirmation of the meeting and attached the minutes. In contravention of the agreement between the parties to wait for the final reconciliation and settle the matter the Respondent has proceeded to instruct the Sheriff of the High Court to attach my property. This is even though I am now in possession of the proofs of payments which show that the debt was extinguished and the claim in HC 507/19 was erroneous,” Bvute said.
“It is this turn of events that has moved the Applicant to approach the court for the relief sought..I am of the view that were the Court to grant this application justice will be served. I am at risk of losing my property and real value on assets over a judgement that was snatched from my grasp as well as a debt I clear settled.”
The matter is pending.