PROMINENT public transport operator, Kukura Kurerwa Bus Company might soon lose its fleet of buses after former employees recently obtained a writ of execution to attach the property to recover over $442 000 in outstanding salaries and terminal benefits.
BY CHARLES LAITON
The writ of execution was granted on July 26, following a successful application by the employees to register their Labour Court judgment as a court order.
According to the court papers on May 28, 2018, Collen Moyo, an agent for the National Employment Council (NEC) for the Transport Industry filed an urgent application at the High Court seeking registration of the Labour Court judgment and the same was granted by Justice David Mangota on June 22.
Following the registration of the judgment, the employees again petitioned the court on July 26, seeking a writ of execution against movable property was granted.
“You are required and directed to attach and take into execution the movable goods of Kukura Kurerwa Bus Company (Pvt) Ltd the above mentioned (29th) defendant, care of number 173 Willowvale Road, Willowvale, Harare and of the same cause to be realised the sum of $442 035 and costs to be taxed of Patrick Gondo and others the above mentioned respondents, which they recovered by judgement of this court dated July 17, 2018…,” read part of the writ of execution.
However, prior to the granting of the writ of execution the bus company had on July 19, 2018 approached the court with an ex parte application seeking liquidation.
Through its director, Patrick Nyariri, the bus company said it was seeking an order for its winding up in terms of section 206 of the Companies Act adding the shareholders had held an extraordinary general meeting during which a special resolution was passed for the company to be wound up by the court.
Nyariri said the reasons motivating the passing of the special resolution were “because of the debilitating economic conditions and that the company has been struggling and owing its creditors over $2 million which it has failed to pay”.
“The company is also indebted to African Banking Corporation to the tune of $1 588 164 plus interest arising from an overdraft facility with the bank which the company, because of the position it finds itself in, is failing to service,” Nyariri said.
The director also said the company owes its employees more than $1 000 000 in respect of arrear salaries and confirmed some of its employees had approached the court and obtained an order for attaching the company’s property in execution.