Developer loses property over legal fees
A CLUSTER houses developer had his property company in Mount Pleasant, Harare, attached over US$16 500 unpaid legal costs.
Jialin He has been involved in a long running legal fight with Faramakas Trust fronted by Anthony Antoniou since July last year over alleged construction of cluster housing in Mount Pleasant without complying with stipulated requirements.
For safety reasons, the road access requires legally a separate exit and entrance and the property has no space for separating the two functions because it is on a panhandle.
The costs accrued from the legal battles in which Jialin and his construction company Augustus Close Holdings, lost to The Faramakas Trust.
The Faramakas Trust successfully obtained a High Court injunctive relief restraining Jialin from continuing with his construction work at the disputed site pending the finalisation of the matter.
Property can only be attached if there is a court judgment that has been given. A warrant of execution will have to be issued by the court to enforce payment.
The court attaches the property because this is the only way to force the debtor to pay the judgment cost and any other amount that the defendant owes, for example, the sheriff ’s fees and the legal costs of the trust.
After failing to settle the legal fees’ bill, The Faramakas Trust obtained an order to attach Augustus Close Holdings property to recover US$19 000 unpaid legal fees plus the Sheriff ’s fees.
Now the company’s brand new 64 containers turned into offices and uncompleted boarding houses at 5 Augustus Close, Mt Pleasant, are expected to go under the hammer on Tuesday next week.
An advert was flighted last week in The Herald inviting bidders for viewing on Monday ahead of sale at the site the next day. The Faramakas Trust, Anthony Antoniou, Paidamoyo Kuruneri, Carol Hobbart, John George Sampson and City of Harare Director of Works were the applicants in the case in which they successfully obtained the interim injunction against Jialin and his company.
Jialin, two weeks ago, filed a court application seeking review of the taxed costs under case number HCH 307/24.
In the review application, Jialin is suing the taxing officer, an independent person setting the fees at the centre of the dispute, arguing the figures claimed were improper and invalid.
Augustus Close Holdings was levied with costs of suit on a legal practitioners and client scale after being issued with a provisional order to stop its construction of cluster houses in Mount Pleasant, Harare. Most orders of costs in civil court cases do not include the legal fees of the winning party, just the far lower associated costs. But it is possible to have the approved, or taxed, legal fees paid by the winner to their lawyers charged to the loser.
Meanwhile, Jialin along with his lawyer Cecil Mutsvandira, are reportedly facing charges of extortion after allegedly making threats to Mr Antoniou demanding him to withdraw the case and drop the claims for costs.
“They both threatened my lawyer Mr Venturas saying that the cost claim was illegal and that he would be reported within 24 hours if he did not drop the case,” said Antoniou in his statement to the police.