MIDLANDS State University (MSU) has petitioned the High Court seeking an order to attach and sell property belonging to a local furniture manufacturing firm which was paid $242 900, but failed to deliver 5 000 chairs at the campus.
BY CHARLES LAITON
According to court papers, sometime in July this year, MSU successfully sued and obtained an order against R. Mc Diarmid (Pvt) Ltd, compelling it to make a refund payment, but the company later filed an appeal, arguing the judgment in favour of the educational institution was wrong.
The move by the furniture manufacturing firm then prompted MSU to petition the court on November 6, 2018, through a court application seeking leave to execute pending appeal.
In the initial litigation, the learning institution had also cited Derrick Mc Diarmid, Kenneth Mc Diarmid and Charles Cannings — the company’s directors — as co-defendants.
“This is an application for leave to execute the court order obtained in case number HC1223/18 pending the appeal noted by the respondents (R. Mc Diarmid (Pvt) Ltd and its directors) on August 6, 2018, under case number SC605/18,” read MSU’s submission.
“On July 18, 2018, this court granted relief to the applicant (MSU), herein ordering the first respondent to pay the sum of $242 900, together with interest and legal costs. The court order was granted by his lordship, the honourable Mr Justice David Mangota. Subsequently, the respondent, being dissatisfied with the decision of the court, noted an appeal in the Supreme Court on August 6, 2018, appealing against the whole judgment of the honourable Justice Mangota.”
The noting of the appeal by the company had the effect of suspending the enforcement of the order granted in favour of the MSU and as a result, the educational institution had not been able to execute the order it obtained from the court.
“The applicant humbly submits that the appeal had been noted solely for the purposes of harassing the applicant, as the respondents have no bona fide intention of testing the correctness of the decision of the court. For this reason, applicant seeks to obtain the leave of this honourable court to enforce the order, pending the appeal,” reads the submission by the university.
The university is said to have issued summons on October 13, 2017, accusing R. Mc Diarmid and its director of having “negligently and recklessly conducted their business”, leading to their failure to fulfil an agreement entered between the parties.
According to the MSU, sometime in October 2016, it entered into an agreement in terms of which R. Mc Diarmid (Pvt) Ltd was to supply, deliver and install 5 000 auditorium chairs at a negotiated sum of $461 250, but the company failed to deliver, prompting MSU to approach the court for recourse. The matter is pending.