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Fidelis Munyoro-Chief Court Reporter
A CUSTOMER who posted statements on various social media platforms accusing Madokero Service Station of selling contaminated fuel has been ordered to take them down after the High Court ruled they were both untrue and malicious.
Madokero Service Station, which operates as Engen Madokero in Harare, had sued discontented customer Noble Muromba based on the contents of seven reviews he posted on social media platforms, arguing these were defamatory and damaged the company’s business reputation, resulting in huge financial losses.
In a judgment delivered last week, Justice Siyabona Paul Musithu also barred Muromba from making any such further publications through electronic, online or any other form of media and hit him with punitive costs of suit.
The service station sought to have samples from the vehicle be taken for testing, but Muromba became uncooperative and filed a complaint with Zera, whose mediation efforts yielded no result.
Muromba, who was being represented by Mr Tafadzwa Mugabe, then embarked on a smear campaign against Engen Madokero using several electronic and social media platforms, including WhatsApp and Facebook.
He uploaded various messages alleging Madokero Service Station had sold him and the public bad fuel.
But Engen Madokero, through its lawyer Advocate Edley Mubaiwa, argued that the allegations were not only false and malicious, but were also intended to incite and mislead the public and the statements made on social media showed that Muromba was no longer pre-occupied with motorists who re-fuelled at Engen Madokero.
He was essentially telling the public that Madokero sold contaminated diesel, and therefore the public had to be wary about re-fuelling at Engen service stations.
Engen service stations are spread across the country and the fact that Muromba’s complaint was in connection with events that happened at Madokero, but his message attacking all Engen service stations, just served to highlight the extent of his malice.
In his judgment, Justice Musithu allowed the application for interdict by Madokero Service Station, noting that the material posted by Muromba on the various social media platforms was defamatory.
“It imputes criminal and unethical conduct on the part of the applicant (Madokero),” he said.
The service station, said the judge, provided an essential service not only within the community that it operated from, but to the generality of the public.
“It has competitors within the industry and has a brand and reputation to protect,” said Justice Musithu. “Any communication that suggests criminal and unethical conduct on its part will no doubt result in the public ostracising its product.
“The respondent’s (Muromba) posts are clearly inciteful. His messages constitute a warning to fellow motorists about the risks of fuelling at the applicant’s service station.”
Added the judge; “The power of social media cannot be downplayed. It spreads like a bushfire. The damage can be instant unless urgent corrective measures are initiated. It was in that context that Mr Muromba’s messages had to be considered.”
At the time that Muromba posted the impugned messages on social media, there was no conclusive proof that it was the fuel from Madokero Service Station that caused damage to his vehicle’s fuel system, said Justice Musithu.
In October last year, Muromba filled his vehicle, a 2016 BMW33d with diesel from Madokero Engen Service Station in Tynwald, Harare.
After making a series of errands between October 2 and 3, stretching over 250 kilometers, his vehicle suddenly stopped running while Muromba was on his way to Robert Gabriel Mugabe International Airport where he intended to catch a flight to South Africa.
A local mechanic who was engaged to carry out a diagnosis revealed that the high pressure fuel pump had failed.
Further tests at Quest Motor Corporation also confirmed the same problem.
The car could not be fixed locally as the spare parts required were not locally available and Muromba shipped the vehicle to South Africa so that it could be fixed at BMW Centurion where it was normally serviced.
BMW Centurion carried out their own investigation which revealed that the use of contaminated fuel was the cause of the damage.
But Muromba failed to prove that it was the fuel he bought at Madokero that damaged his vehicle.
Online Reporter