By Mary Taruvinga
FORMER President Robert Mugabe and his wife, Grace are being sued for chasing a delivery truck driver out of their Alpha Omega Dairy Farm and further confiscating the vehicle.
This, according to prosecutors, happened when Mugabe was still in power in 2014 and soon after the driver had delivered goods from South Africa.
Sun Marine Shipping (Private) Limited took the former first couple to court, accusing them of having instructed its two employees to chase away its driver after delivering their order.
It is alleged the driver had to run for his life after he was attacked by Mugabe’s two employees identified as Mr Mugombi and Mr Nhari who had been instructed to do so by their employer.
The driver allegedly left all his belongings including his clothes and the truck which was then confiscated by the Mugabes.
He was accused of having damaged one of the machines while transporting it to the farm.
The couple’s company, Alpha Omega was cited as the respondent in the application in which Sun Marine Shipping is seeking its properties back.
“The applicant through its driver was enjoying peaceful and undisturbed possession of its international 9800 truck horse, registration number ND 749272, two interlink trailers with registration ND 540422 and ND 539649 and a twenty fit container which it was illicitly ousted or despoiled from by the respondent.
“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 soon after delivering and offloading the respondent’s consignment of Aseptic Filler for packing UHT milk, model THP 7200 AS and UHT Packaging Machine, at the respondent’s Mazowe Farm,” reads the complainant’s application.
The founding affidavit further reads, “The applicant’s driver had to run for his dear life leaving his clothing, kitchenware and toiletries in the truck horse. “
It is reported that the goods are still in the truck which is still parked at Gushungo Holdings workshop.
Sun Marine Shipping said Mugombi and Nhari confiscated their truck in the course and scope of their employment without a court order.
“I am advised that the said actions amount to spoliation in that there was no consent of deprivation by the applicant,” said Cutmore Makumbirofa who prepared the affidavit on behalf of Sun Marine Shipping.
He said despite demand, the respondent insists the truck now belongs to it because it is entitled to damages for repair of UHT packaging machine which was damaged while on transit.
Sun Marine said alpha Omega should have approached the courts for recourse.
Makumbirofa said he was once called by the farm officials to discuss releasing the truck.
He was advised to get quotations by Alpha Omega operations manager, Jemwa and did so but still the truck was not released.
He alleged that the truck has been vandalised and things removed include two diesel truck heavy duty batteries, eight rear new tyres, two super single tyres, one from the trailer and another from the spare wheel, driver’s side mirror covers, trailer storage bins, wheel nuts, landing platform on trailer jumbo legs, inner blocking filter and other accessories.
Sun Marine Shipping says the remaining remedy was for it to seek court intervention before it prayed that its application be granted.
The litigant is yet to respond.