BULAWAYO
–
The
High
Court
has
set
aside
the
sale
of
a
chrome
mining
company’s
equipment
after
a
Messenger
of
Court
went
ahead
with
an
auction
despite
being
told
the
debt
had
been
settled
a
day
earlier.
In
a
judgement
delivered
on
April
16,
Justice
Regis
Dembure
ruled
that
the
sale
in
execution
of
assets
belonging
to
Lonosphere
Investments
was
“null
and
void,”
ordering
that
the
property
be
returned
and
the
messenger pay
punitive
legal
costs.
The
dispute
arose
after
Lonosphere
settled
a
US$12,240
debt
on
October
23,
2025,
owed
to
a
supplier
under
a
Magistrates’
Court
judgement.
Despite
being
informed
by
the
creditor’s
lawyer
before
the
auction
that
the
debt
had
been
paid
and
the
sale
should
be
stopped,
the
Messenger
of
Court
in
Bindura
proceeded
to
auction
the
company’s
mining
equipment
the
following
day.
The
assets
including
a
front
loader,
generator,
excavator,
and
chrome
processing
plant
were
sold
for
just
over
US$13,000.
Justice
Dembure
found
that
once
the
debt
had
been
settled,
there
was
no
legal
basis
for
the
sale
to
proceed.
“The
messenger
acted
on
a
frolic
of
his
own,”
the
judge
said,
adding
that
continuing
with
the
auction
after
being
notified
of
payment
was
“callous
and
absurd.”
The
court
heard
that
the
creditor’s
lawyer
phoned
the
messenger
before
the
sale,
instructing
him
to
halt
the
process,
with
written
confirmation
to
follow.
The
messenger
argued
he
only
received
written
communication
after
the
auction,
but
the
judge
said
that
did
not
justify
ignoring
clear
verbal
instructions.
In
addition,
the
court
found
serious
irregularities
in
how
the
execution
was
conducted.
The
messenger
failed
to
carry
out
a
mandatory
valuation
of
the
attached
property,
as
required
by
court
rules,
and
sold
equipment
worth
an
estimated
US$200,000
at
a
fraction
of
its
value.
Justice
Dembure
said
the
failure
to
value
the
assets
rendered
the
entire
attachment
process
invalid.
“The
rules
are
peremptory.
Non-compliance
renders
the
process
a
nullity,”
he
said.
The
judge
also
noted
that
the
prices
realised
at
auction
were
“unreasonably
low”
and
went
uncontested,
reinforcing
the
conclusion
that
the
sale
was
fundamentally
flawed.
Courts
are
generally
reluctant
to
interfere
with
sales
in
execution
to
preserve
confidence
in
judicial
auctions,
but
Justice
Dembure
said
intervention
was
justified
where
there
is
a
“flagrant
breach”
of
the
rules
leading
to
injustice.
He
ruled
that
the
sale
be
set
aside,
declared
the
debt
fully
extinguished,
and
ordered
the
immediate
return
of
the
equipment
to
Lonosphere.
In
a
stinging
rebuke,
the
court
ordered
the
messenger
to
pay
costs
on
an
attorney-client
scale,
reserved
for
cases
involving
bad
faith
or
abuse
of
office.
“The
conduct
of
the
first
respondent
was
appalling
and
a
clear
abuse
of
court
process,”
Justice
Dembure
said.