A Harare businessman Yakub Mohammed who has business interests in the floriculture has approached the Supreme Court seeking the quashing of a High Court order for his civil imprisonment for allegedly failing to pay a $1.2 million debt.
Through his lawyers Matuso, Taruvinga and Mhiribidi Attorneys, Mohamed has since secured the services of Advocate Thabani Mpofu whose brief is to challenge the High Court ruling.
Mohamed is appealing against a High Court order for his civil imprisonment handed down by Justice Erica Ndewere, on the basis that it is premised from a malicious intent.
In the notice of appeal filed in terms of the Supreme Court rules, Mohamed contends that the High Court erred in granting an order for three months civil imprisonment without having regard to the security of tenure given to the claimant Adam Ebrahim Mohammed Dudha and Somayya Meer.
Mohamed ceded his mining claims and the Sheriff of the High Court attached his shares in Tasten Mining as security for the $1.2 million loan, and according to Advocate Mpofu the respondents had recourse and could recover their money from the security as agreed.
The grounds of appeal further charge the High Court for failing to request the respondents to account for the security held by them to enable the court to apply itself to the whole matter.
The appellant further accuses the court of misdirecting itself in granting an order whose terms are at complete variance with the purpose of a claim for civil imprisonment and in not relating the terms of the order it granted to the applicable legal principles.
Mohammed prays for the appeal to succeed and the judgement of the High Court to be set aside and the claim for civil imprisonment to be dismissed with costs.