Former president Robert Mugabe’s family business, Alpha Omega (Pvt) Ltd has been dragged to the High Court by a South Africa based Company on allegations of unlawfully impounding a truck which had delivered machinery at its Mazowe farm in 2014.
According to court papers, Sun Marine Shipping (Pvt) Ltd said it delivered some dairy machinery at Mugabe’s Mazowe farm five years ago and the former president’s employees Mr Nhari and Mr Mugombi forcibly took keys from the truck driver accusing the company of damaging a packaging machinery while transporting it.
“This is an application for spoliation order for the recovery of the applicant’s (Sun Marine shipping) international 9800 truck horse, registration number ND 749272, VIN 935RUAPT1ER200478, to interlink trailers registration number ND540422 and ND539649 and a twenty-fit container from the respondent.
“The said truck and two trailers and containers were wrongfully and unlawfully impounded by the respondent (Alpha Omega) at its Mazowe farm on 1 July 2014 soon after offloading the latter’s dairy machines pursuant to a hire from Durban, south Africa to Mazowe, Zimbabwe when it was being driven by the applicant’s driver.
“The said property was illicitly taken from the applicant’s driver by the respondent’s employees Mr Mugombi and Mr Nhari by forcibly taking the truck keys from him. This was immediately soon after delivering and offloading the respondent’s consignment of Aseptic Filler for packaging UHT milk, model THP 7200AS and UHT packaging machine at the respondent’s Mazowe Farm.
“The applicant’s driver had to run for his life leaving his clothing kitchenware and toiletries in the truck horse. To date the said goods are in the truck and I can positively testify to that effect. The respondent had no right to do so and as a matter of law, the applicant should be restored its peaceful and undisturbed possession in order to maintain peace which is the main rationale for spoliation remedy.”
The firm also said the said truck horse, two trailers and container were then parked at Gushungo Holdings Dairy workshop in Mazowe.
“To date, the truck horse, two trailers and container are at Gushungo Holdings Dairy Farm in Mazowe and there is no court order authorising continuous retention of the said assets.
“The respondent has since refused, neglected or failed to release the applicant’s truck on the argument that it is entitled to damages for repair of UHT packaging machine which was damaged whilst being transported by the applicant.
“Applicant’s truck has been serious vandalized and it continues to be vandalized by the respondent. Hereunder is a list of things that have been removed , two diesel truck heavy duty batteries, eight rear new tyres, which were exchanged for old tyres , two super single tyres, one from the trailer and the other one from the spare wheel, sueze pipe, driver’s side mirror covers, trailer storage bins, wheel nuts, landing platform on trailer jumbo legs, inner blocking filter on the left side diesel tank among other things.”
The matter is still pending.