FORMER police Commissioner Oliver Chibage is embroiled in a fierce legal battle to recover a US$27,000 debt owed to him by Hotplate Grillhouse. At the heart of this dispute is a shipment of chickens, and other farm produce, which were supplied by Chibage’s Jola Chickens to a canteen operated by Hotplate Grillhouse at the Dinson Iron and Steel Company, in Manhize. Despite delivering hundreds of chickens, along with cabbages, tomatoes, and even an ox head, the former police Commissioner is still waiting for his payment – and the road to justice has been anything but smooth.
On Friday, the tangled mess of claims and counterclaims reached the courtrooms of Mvuma resident magistrate Patricia Gwetsayi, who reserved her ruling until tomorrow, leaving both sides on edge. The drama escalated when Hotplate Grillhouse’s properties were seized by the Messenger of Court in an effort to clear the debt. But what seemed like a step toward resolution took a sharp turn when a company called Canary Wharf Zimbabwe, fronted by businessman Cleopas Mugomba, stepped in to claim ownership of the attached property.
The move triggered an interpleader application, a legal mechanism that forces the court to decide who truly owns the disputed assets. Chibage’s lawyer, Brian Kashangura, minced no words in his fiery opposition to the interpleader application, accusing Mugomba and Hotplate Grillhouse’s director, Benson Muneri, of allegedly colluding to frustrate the court’s orders. “This is nothing but a façade,” Kashangura argued, his voice echoing through the courtroom.
[paywall]
“The claimant has failed to produce credible evidence to establish ownership of the attached furniture. What we have seen are bald assertions, not proof.” Kashangura tore into the so-called electronic documents Mugomba submitted as evidence of payments, dismissing them as meaningless. “These documents have no legal effect,” he declared.
He further pointed out that the lease agreement Mugomba cited as proof of his company’s ownership was only executed on August 1, last year, long after Chibage had already supplied the goods and filed his summons on July 29. “This lease agreement is clearly an afterthought, a desperate attempt to shield their property,” Kashangura said.
[/paywall]
