MILLYTAKE Enterprises (Private) Limited, which is owned by incarcerated businessman Mike Chimombe, has filed an appeal at the Supreme Court challenging a recent High Court judgment evicting the company from its Eastlea offices in Harare.
Chimombe and his business partner Moses Mpofu are in remand prison on charges of fraud for failing to deliver goats worth US$7 million to the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development for the Presidential Goat Scheme.
The first result of the appeal is to leave Millytake in occupation of its offices as it automatically suspends the operation of the High Court eviction order.
The trustees for the 5 Morton Jaffray Road Trust, the new owner of the property, instituted proceedings against Millytake Enterprises and successfully obtained an eviction order, something the previous owners had difficulty in getting.
Millytake lawyer Mr Mike Chipeta yesterday confirmed that his client is still in occupation of the offices pending the determination of the appeal. Mr Chipeta said the previous owner had sought the eviction of Millytake without success. The premises are just off Robert Mugabe Road in Eastlea South.
"The new owner approached the High Court and obtained an eviction order against Milltytake," he said.
"However Millytake then filed an appeal in the Supreme Court against the High Court judgment using other lawyers. So the matter is currently pending before the Supreme Court."
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The trustees for the 5 Morton Jeffrey Road Trust have not engaged the Sheriff to proceed with eviction because of the Supreme Court appeal filed by Millytake.
In this regard, Millytake has not been evicted by the Sheriff because of the appeal.
It was registered in 2008 and is owned by Chimombe and Rusero Mitchell.
The company specialises in supplying commercial and industrial equipment. Their services include construction, property development, economic consulting and research and consulting engineering.
Chimombe and Mpofu are now fighting to be freed on bail pending trial in a case in which the prosecution intends to lead evidence from 13 witnesses.
The State is alleging that Mpofu and Chimombe forged documents to win the tender to supply goats under the Presidential Goat Scheme. In that case, they are being represented by Mr Arshiel Mugiya and Mr Tapson Dzvetero.
