By Marie Taruvinga
A farmer in Chipinge has rushed to court in an attempt to save his farm equipment which is about to be seized by Buhera South lawmaker Joseph Chinotimba to collect a debt of US $ 65,755 owed to him by Sunny Zimbabwe International.
Thomas Hazvienzani Mbanje says that the 16 macadamia nut dryers that need to be attached do not belong to Sunny Zimbabwe International.
Respondents named in the petition are Zanu PF lawmaker Chinotimba, Sunny Zimbabwe International, Minister of Lands Perrance Shiri and the High Court sheriff.
Mbanje seeks an ordinance declaring him the owner of the property and that as such the dryers are not enforceable.
“I therefore beg the court to make an order declaring that my right to lease the property of the third party defendant (ministers) is sufficient to result in the annulment of any sale or performance of the leased property due to Order HC9772 / 2018” , Mbanje said.
Chinotimba has been given the green light to seize property belonging to the Chinese company Sunny Zimbabwe International in order to collect a debt of US $ 65,755 for the macadamia nuts supplied.
The company had applied to the High Court for an order prohibiting lawmakers from auctioning off its property, but High Court Judge Benjamin Chikowero dismissed the request saying there was no justification for challenging this. decision.
Chinotimba first applied to the High Court for an order requiring the company to settle the debt last year and a default judgment was issued in its favor.
The firm and its five leaders then filed an appeal in chambers against the default judgment.
Judge Tawanda Chitapi dismissed the appeal, prompting the injured party to seek redress.
The directors of Sunny Zimbabwe International are Mai Tao Ming, Luo Su Yuan, Lin Qianlong and Lin Shuen.
The court heard that in February last year, Chinotimba made a verbal agreement with the directors of the Chinese company to sell its macadamia nuts to their company for $ 220,000 payable the following month.
The MP said he immediately delivered the macadamia nuts to the Laughing Waters Lot 1 company, Chipinge.
Ming, Yuan, Qianlong and Shuen vouched for the expected performances.
The Chinese company managed to pay US $ 154,000, leaving a balance of US $ 65,000, but despite the demand, the company and its executives failed and / or neglected to pay the balance.
In this case, Mbanje said he was awarded Lot 1 Laughing Waters in Chipinge in 2007 as part of the land reform program.
He subsequently took over the occupation of the farm. Mbanje at the time declared Sunny Zimbabwe International as a tenant.
The company did not pay Chinotimba for its nuts, which resulted in a court order against it.
“The foreclosure process resulted in the seizure of certain property belonging to the ministry with regard to agriculture and legislation,” he said.
“The property (includes) sixteen commercial macadamia nut dryers that were part of the warehouse machinery owned by the farm when I took over it. Since 2013, when my macadamia nut processing business started to increase, I have been ensuring the proper maintenance of the dryers, including the costs of maintenance and repair if necessary, ”added Mbanje.
He said he received a notice on October 27, 2019 that the dryers were going to be executed, adding that it would be illegal.
The respondents have not yet responded.