Jocelyn Chiwenga battles property attachment over debt
VICE PRESIDENT Constantino Chiwenga’s ex-wife Jocelyn Chiwenga has filed an urgent chamber application seeking to bar possible attachment of her property after failing to settle a $99 000 Tian Ze Tobacco Company (Pvt) Ltd (Tian Ze) debt.
Tian Ze obtained the order against Chiwenga on June 11, 2018 after failing to supply tobacco to the company from which she had obtained $286 400 worth of farming inputs on credit.
Tian Ze said it, however, fulfilled the terms of the agreement and supplied Jocelyn with farming inputs of the requested value on different occasions during the 2013-2014 tobacco farming season.
However, in breach of the contract, Jocelyn is said to have failed to deliver the expected quantity of tobacco for sale to the firm and has thus accumulated a debt of $99 014 for the inputs she had already received.
Chiwenga now disputes the currency in which the debt must be settled with Tian Ze demanding US dollar payments and has applied that the court orders that it should be payable in Zimbabwean dollars at the rate of 1:1.
She also wants Tian Ze interdicted from attaching and selling her property in pursuant of the writ of execution they are armed with from the court order.
“The law and policy prevailing when the order was entered was that the US dollar and its surrogate currency were on a 1:1 basis. Further to the judgment, the applicant proceeded to service the debt leaving a balance of $82 014, 21 by November 7, 2019,” Chiwenga said.
“On June 22 the applicant (Chiwenga) requested banking details to enable her to transfer the balance. Surprisingly, on June 24 the first respondent through its legal practitioners wrote a letter to applicant’s attorneys indicating that the total amount was supposed to be settled in US dollars.
“The first respondent (Tian Ze) is already equipped with a writ of execution and it is most probable that at any point the second respondent (sheriff) can be instructed to attach and sell applicant’s property in execution of a debt that applicant is willing to settle.”