Perm Sec embroiled in cattle wrangle

The farmer Mr Simon Matsvai claims he bought 40 cattle from Mr Munyoro some nine years and only seven were delivered.
Mr Matsvai is now claiming the outstanding 33 beasts plus 239 being progeny for the period stretching from 2003 to 2011.
Through his lawyers Mawere and Sibanda, Mr Matsvai has issued summons at the High Court claiming the 272 cattle.
Alternatively, Mr Matsvai is claiming US$122 400 being the combined value of the cattle.
In the summons, Mr Matsvai stated that in 2003 he approached Mr Munyoro seeking to buy cattle from him.
It is claimed the two concluded an agreement of sale for 30 cattle, which Mr Matsvai fully paid for.
The Government official, according to the summons, did not deliver the cattle as agreed.
Up to now it is the applicant’s contention that Mr Munyoro has only delivered seven cattle.
In 2006, the two parties again entered an agreement in which Mr Munyoro sold 10 heifers to Mr Matsvai for a certain fee.
The purchase price, according to the court papers, was fully paid but Mr Munyoro did not deliver the heifers as agreed.
“The defendant has failed and or neglected to effect physical delivery of the cattle despite consistently acknowledging liability and remaining in possession of the herd.
“The plaintiff is entitled to progeny being 239 herd of cattle for the period ranging from 2003 to 2011 as well as the main herd (33), which defendant continues to illegally detain,” read part of the papers.
Mr Munyoro’s lawyers S Takundwa and Company have since filed a notice of appearance to defend the matter before raising some technical objections to the application.
The lawyers accused Mr Matsvai of withdrawing an earlier claim for the beasts and re-instituting the proceedings without following the High Court rules.
They also challenge the number of cattle being claimed by Mr Matsvai.
The matter is yet to be set down for hearing at the High Court.

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