Source: Lupepe challenges sale of his house – NewsDay Zimbabwe October 25, 2017
BUSINESSMAN and Zimpapers board chairperson Delma Lupepe, has approached the court seeking rescission of judgment in a matter in which Ecobank obtained an order to eject him from his Matsheumhlope house in Bulawayo over an $18 000 debt.
BY CHARLES LAITON
In his court application set for hearing today, Lupepe said he was not aware that the financial institution had obtained a default judgment against him, but became aware of the ruling when his lawyers went to court to postpone the hearing.
Lupepe said when summons for his ejectment was filed in August last year by Ecobank, he defended the litigation.
“Respondent (Ecobank) herein applied for summary judgment on the December 13, 2016. Applicant (Lupepe) filed a notice of opposition on December 29, 2016. The case was set down for hearing on July 14, 2017. I hereby submit that I inadvertently and unwittingly diarised the date of hearing as Monday July 17, 2017,” Lupepe said, adding he was not in wilful default.
The businessman also said on the day the matter was heard; he failed to attend the hearing as he was not feeling well. Ecobank has not responded to the application for rescission of judgment and the matter has been set down for hearing on the unopposed roll.
“It is vitally important to note that the respondent predicated its claim on rei vindicatio. Suffice to note that respondent’s ownership of the immovable property, namely, number 4 Bunting Close Matsheumhlope Bulawayo is strenuously and vehemently disputed,” he said.
Lupepe further said Ecobank was a judgment creditor in another case and through a private sale, purported to have bought his house without his knowledge, an aspect he argues is a clear case of conflict of interest.
“I was not notified of the sale and was therefore denied a golden opportunity to assert my rights in terms of the law. It is indubitable that the Premier Banking Corporation (the judgment creditor) is the same entity as Ecobank Zimbabwe Limited (the purchaser),” Lupepe said.
“This is a classic case of the judgment creditor proceeding to clandestinely purchase the judgment debtor’s property worth more than or about $200 000 at a mere $110 000. I have since challenged the sale in execution.”