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Fidelis Munyoro Chief Court Reporter
A High Court judge has castigated businesspersons who use their influence to evade payment of debts, saying this can lead to the demise of the country’s economy. Justice Nicholas Mathonsi had no kind words for a Marondera businessman Washington Dozva who was claiming US$90 000 from Mr Michael Nyamayaro as “damages for wrongful arrest and unlawful detention”.
Mr Nyamayaro, through a company of his that deals in wholesaling meat products, MD Chassart and Son (Pvt) Ltd, supplied Dozva with meat but received no payment for it.
This prompted Mr Nyamayaro to cause Dozva’s arrest by Marondera police. When Dozva was released from custody, he relocated to Mbare without paying his dues.
When he was finally located, instead of paying off the debt, Dozva sued for “wrongful arrest”, a development Justice Mathonsi found to be illogical.
“It is the attitude of so many businesspeople in this country . . . who have now devised what may be called the Zimbabwean way of doing business, which will see the demise of our commerce,” Justice Mathonsi said.
“It now seems acceptable and normal for businesspeople to gladly incur liabilities and then do everything in their power to avoid paying.”
The judge dismissed the claim with costs and questioned Dozva’s logic in suing Nyamayaro.
“The man forms a company, incurs debts in the name of that company and then simply relocates to Mbare where he continues operating without bothering to pay off the business debts,” said the judge. “When he is finally cornered a year later and is arrested, he not only cries foul but litigates for US$90 000 seriously believing that he has been injured, while still refusing to pay what he owes.”
Justice Mathonsi ruled that he was lawfully arrested on reasonable suspicion that he had taken the meat with the intention of defrauding Mr Nyamayaro.
He absolved Mr Nyamayaro and his company of any wrongdoing.
Online Reporter