Couple demands $100k from businessman

Richard Muponde
A BULAWAYO couple is demanding $100 000 from a city businessman, Alison Caitano Ezekial Desouza, whom they accuse of faking a writ of execution to attach their household property, humiliating them in the process.
Desouza is the director of A.C.E Desouza Properties (Pvt) (Ltd) which owns buildings in the city, one of which was being rented by the couple running Nibblez Take Away at 117 Fife Street.

The couple, Ngonidzashe and Tendai Paradzai, is claiming that the actions by Desouza humiliated and defamed their character as they were not personally liable for the debt which led to their property being attached.

In a letter to the businessman written by their lawyers, Ndove, Museta and Partners, the couple is claiming delictual damages (intentional or negligent breach of duty of care that inflicts loss or harm) arising from the “wrongful” attachment of their property.

“Our instructions are to demand from you as we hereby do now, that within five days of receipt of this letter: payment of the sum of US$50 000 being dilectual damages arising out of the execution of the writ you caused to be issued out against Ngonidzashe and Tendai Paradzai knowing that you had no legal basis to issue out process against our client, you had withdrawn proceedings to hold our client personally liable and you did not have judgment against our client,” wrote Ndove, Museta and Partners.

“Payment of the sum of US$50 000 being damages for pain, humiliation, defamation of character and suffering, inter alia because our clients were humiliated in front of their children, neighbours, relatives and employees. Our client’s mother who is hypertensive was forced to sit on the concrete floor after execution. Our clients endured two days without use of a refrigerator, dining room chairs and stove. Our client had to resort to purchasing food from the restaurant when such would not have been necessary. Our clients were forced to spend the evening and mornings without the use of their chairs, had to sit on the floor and were deprived of cold refreshments from the refrigerator.

“Our clients’ children were forced to go to school on empty stomachs as the food that was in the refrigerator expired due to heat and went bad.”

They said failure by Desouza to meet the demands of the letter would result in a legal action being taken against him within five days. The writ in question was purportedly issued in February this year where Desouza through his company A.C.E Desouza Properties was seeking to recover $6 331 as arrears in rentals which the Paradzais failed to pay for six months.

According to court papers, a default judgment had been granted in the Civil Court against Nibblez Take Away in 2013 which had been cited by A.C.E Desouza Properties (Pvt) (Ltd) as the only defendant on the summons.

On 6 August 2014, Desouza filed a notice of withdrawal of claim against Tendai in the same court leaving Nibblez Take Away as the only defendant. This was after they had according to documentation agreed to resolve the matter amicably out of court.

However, contacted for comment, Desouza refuted the claims by the couple and produced documents which showed that he amended his summons on 8 August 2014 and included Ngonidzashe and Paradzai as part to the claim but among the papers there is no order against the couple availed to Sunday News.

The documents are also accompanied by a proposal by Tendai to settle the outstanding rentals where she proposed that the attached property be released and she surrendered a Madza Familia which they agreed was to be sold for $4 000. Desouza is also in possession of the original vehicle registration book of the car which he said was surrendered to him by the couple.