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The business mogul had approached the court seeking rescission of judgment in a matter in which Ecobank had obtained an order to eject him after he failed to pay rentals for the property.
The property was taken over by the bank, following his failure to service a $200 000 loan.
In his court application, Lupepe had pleaded with the court saying: “Respondent (Ecobank) herein applied for summary judgment on 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,” he said, adding he was not in wilful default.
But High Court judge Justice Happius Zhou, dismissed Lupepe’s application on the basis that his matter lacked merit.
“On the prospects of success, the applicant’s (Lupepe) case is without merit. There is a clear misunderstanding of the actio rei vindicatio and the defences which can be set out to such an action at law. The respondent (Ecobank) has the property registered in its name. The applicant is in occupation of that property without the consent of the respondent. The summary judgment proceedings were instituted to recover the property from the applicant through the eviction proceedings,” Justice Zhou said.
“This is a case in which the need for finality in litigation would be upheld by dismissing their application for condonation. The court should put an end to the dispute and avoid unnecessary delay in the administration of justice … the application be and is hereby dismissed with costs on the attorney-client scale.”
The court also warned Lupepe’s lawyers against use of intemperate language against other parties. Bulawayo24