BVEKWA LEGAL PRACTICE

versus

NOAH ZIUMBE

and

DAURAMANZI MUSEVENI

and

NED NEDZIWE

and

J TSODZAI

and

TENDAI CHIMURIWO

IN THE HIGH COURT OF ZIMBABWE

MUREMBA J

HARARE, 13 February 2018 & 6 June 2018

Opposed Application

E. Mubaiwa, for the applicant

R Nembo, for the 1^st, 3^rd and 5^th respondents

A. Demo, for the 4^th respondent

            MUREMBA J: The applicant is a legal firm which is suing the 5 directors of a company called Toll Free Zimbabwe (Pvt) Ltd t/a Vascor (Vascor) for them to be declared personally liable for Vascor’s debt with it in terms of s 318 (1) of the Companies Act [Chapter 24:3]. The debt is for legal fees which arose from legal services which were rendered to Vascor by the applicant. On 9 September 2014 the applicant instituted legal proceedings against Vascor and obtained a default judgment against it on 22 January 2016. Over and above that the applicant had 2 bills of costs taxed against Vascor bringing the total amount owed by Vascor to plaintiff to US$30 560.45. In a bid to recover its money, the applicant executed but Vascor had no assets to satisfy the debt. Only $77.84 was realised from the sale of the goods that were attached and sold.

            The applicant averred in its founding affidavit that Vascor’s failure to pay its debt shows that the respondents were running the company in a reckless manner or negligently and / or for purposes of defrauding it (the applicant). The applicant averred that at the time of instituting proceedings against Vascor it was envisaged that Vascor would be able to pay its