Reprieve for Pfugari Jnr
KNOWE Residents and Ratepayers Association (Knowe) has lost a High Court bid to have the son of the late Edward Nyanyiwa, popularly known as Eddies Pfugari, ordered to serve his father’s 90-day civil imprisonment.
Knowe cited Eddies Pfugari (Pvt) Ltd, Edward Nyanyiwa (Jnr), the late Nyanyiwa’s estate executor Clever Mandizvidza and Norton Town Council as respondents.
High Court judge David Mangota dismissed the application and slapped Knowe with costs.
Mangota said the late Nyanyiwa had been sued in his individual capacity and his estate had nothing to do with issues that existed between the parties.
“The shortcut approach which the applicant took renders its application to be irredeemably defective. It should have sued Nyanyiwa (Jnr) as an individual who took over the reins of power.
“Once it succeeded in either of the stated options and he failed to act in compliance, its next step was to sue, moving the court to find Nyanyiwa Jnr guilty of contempt of court,” Mangota ruled.
“The applicant failed to prove its application on a balance of probabilities. The application is, in the result, dismissed with costs.”
He questioned the relevance of joining Mandizvidza to the application, saying he was a mere executor of the late Nyanyiwa’s estate and had not been involved in the matter.
Knowe had approached the court after the late Nyanyiwa failed to comply with an order to service their residential stands.
The High Court then ordered that Eddies Pfugari and the late Nyanyiwa pay US$2 000 fine and 90 days imprisonment, but he passed away before complying, prompting Knowe to institute legal proceedings against his son who had taken over.
They now want Nyanyiwa (Jnr) to be declared guilty of contempt of court and for a US$100 fine to be imposed on his company, Eddies Pfugari, for every day that the company fails to comply with the court order.