High Court Orders Release of Seized Excavator

Nyashadzashe Ndoro- Chief Reporter

The High Court has ruled in favor of Zhiqiang Gao, ordering Huang Baoquang, Huang Baoming, and Dalian Tiancheng Mineral Resources (Pvt) Ltd to release his Deawoo excavator.

Justice Gladys Mhuri determined that Gao, the rightful owner, was being unlawfully denied access to the machine over a dispute regarding storage costs.

The dispute arose after Gao’s eviction from a Ballantyne Park property in 2022, during which he left the excavator behind.

Although Gao had already settled the taxed legal costs, the respondents insisted on retaining the excavator until additional storage fees were paid, claiming a lien.

Justice Mhuri ruled that no valid contractual relationship justified the lien, as Gao had no agreement with the respondents regarding storage costs. She emphasized Gao’s property rights and the financial harm caused by withholding the machine, especially since he had secured a buyer.

The court granted a mandatory interdict, ordered the release of the excavator, and instructed the respondents to cover the suit’s costs at a higher scale.