HH 204-18 AMR CHITOVA EXPRESS (PTY) LTD versus BRUNO TAKAWIRA

AMR CHITOVA EXPRESS (PTY) LTD

versus

BRUNO TAKAWIRA

 

 

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 26, 27, & 28 March 2018

 

 

Civil trial

 

 

M Mbuyisa, for the plaintiff

A.A. Debwe, for the defendant

 

            ZHOU J: This is a claim for damages for interference with a lease agreement in the sum of ZAR 2 620 000-00. The basis upon which the claim is founded is that the defendant unlawfully took possession of a bus which was the subject of a lease agreement between the plaintiff and one Norman Gasa thereby depriving the plaintiff of the rentals which would have been paid to it by the said Norman Gasa who was the lessee. In addition, the plaintiff also claims delivery of a bottle jack, a heavy duty wheel spanner and a wheel spanner or payment of the sum of ZAR 5945-98 being the costs of replacing these items. The basis of this claim is that the items in question were inside the bus when the defendant took possession of it but were found to be missing when the bus was returned to the plaintiff.

            The defendant contests the claims. His case is that he did not unlawfully take possession of the bus in question but that it was delivered to him as pledged property by Norman Gasa to secure payment of a debt which Gasa owed. In respect of the tools, the defendant denies having taken them.

            The plaintiff led evidence from two witnesses. The first witness, Tafadzwa Munyaradzi Jiri stated that at the relevant time he was employed by the plaintiff. Norman Gasa was his boss and friend. The bus in question was being attended to by a mechanic on 22 May 2014. In the evening he was convinced by Sydney Makanda to take the bus for parking at the defendant’s premises. The bus had previously been parked there on a number of times. Sydney Makanda in the company of the witness drove the bus to the defendant’s premises. The following 

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2018