DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 33/18 Civil Appeal No. SC 780/17 The court a quo found that the documents available showed that Mbada Mine, being a holder, had imported the disputed equipment into the country. The claimants had not shown that they were the owners of that equipment. They had not produced the relevant importation documents issued by the customs authorities. They had only produced transportation documents and invoices which did not assist their claims. The documents relating to suspension of duty showed the claimants as suppliers rather than owners of the equipment in question. Moreover, there was nothing to show that the claimants had imported the equipment temporarily in the absence of temporary import permits or proof of duty paid on the equipment. Additionally, one document issued by the customs authorities showed that some of the goods had been imported permanently by Mbada Mine. The equipment could only have been so imported if Mbada Mine had assumed permanent ownership. The claimants could not be owners of goods imported permanently by Mbada Mine. On the basis of these findings, the court a quo held that the probabilities favoured the judgment creditor’s assertion that the equipment belonged to Mbada Mine and that the agreements of sale relied upon were mere shams. The evidence suggested that there was collusion between Mbada Mine and the claimants in order to frustrate the execution process. The claimants had failed to persuade the court that they were the owners 3