High Court Rejects Jabulani Nkomo Trust Bid to Recover Vehicles Attached Over Astra Debt

Jabulani Nkomo

BULAWAYO – The High Court of Zimbabwe has dismissed an attempt by the Jabulani Nkomo Family Trust to claim ownership of three vehicles attached in execution of a US$62,975 debt owed by Astra Building Centre (Private) Limited.

In a ruling delivered in Bulawayo, Justice Naison Chivayo struck the matter off the roll after finding that the dispute had already been determined in an earlier court case. The vehicles were attached by the Sheriff of the High Court while enforcing a civil judgment obtained by Ken Estate Agents against Astra Building Centre. The company had been ordered to pay US$62,975 under case number HC SUMM 80/23-1.

Following the attachment, the Jabulani Nkomo Family Trust, linked to Jabulani Nkomo, son of the late former Vice-President John Landa Nkomo, filed an interpleader application arguing that the vehicles belonged to the trust and not to Astra Building Centre. To support its claim, the trust presented vehicle registration books for the three vehicles.

Ken Estate Agents opposed the application and raised a preliminary objection, arguing that the issue had already been settled by the courts and was therefore res judicata, a legal principle preventing the same matter from being litigated more than once. The judgment creditor pointed to an earlier case, HCBC 396/25, in which the court had already ruled that the same vehicles were executable property.

In that earlier matter, Jabulani Nkomo had personally claimed ownership of the vehicles. The trust argued that the earlier ruling could not be considered res judicata because Astra Building Centre had not been cited as a party in that case. Justice Chivayo rejected the argument, stating that the absence of the judgment debtor in the earlier proceedings did not change the fact that the dispute involved the same parties, the same vehicles, and the same cause of action.

“The papers filed under HCBC 396/25 show that the judgment debtor was Astra Building Centre (Pvt) Ltd, a company that was indebted to the judgment creditor, just as in this case,” the judge said.

He further noted that court rules allow matters to proceed even where a party has not been joined, provided the court can still determine the dispute between the parties before it. Justice Chivayo said the earlier case had already settled the central question of whether the vehicles were executable property.

“This court finds that the requirements for res judicata were fully met, in that the issue in dispute is between the same parties in both cases, the subject matter is the same in respect of both matters, and the cause of action is the same as in HCBC 396/25,” he ruled.

The court confirmed that the vehicles could be attached to satisfy the outstanding debt and authorised the Sheriff to deduct costs incurred during the execution process. No order as to costs was made against the trust, the judgment creditor, or the judgment debtor.

Zimbabwe High Court; Jabulani Nkomo; Astra Building Centre debt; Ken Estate Agents