Zupco to cough out $5 000 in damages

Daniel Nemukuyu Senior Court Reporter—
The arrest and detention of a fuel supplier has backfired on the Zimbabwe United Passenger Company after the High Court ordered the company to pay the victim $5 000 in damages. The bus company caused the arrest and prosecution of businesswoman Ms Martina Mushangwe on allegations of theft of diesel worth $17 606. Ms Mushangwe, the director of Miracle Petroleum, was arrested on December 24, 2013 and she celebrated Christmas in police cells only to be released two days later on bail.

A Harare magistrate cleared Ms Mushangwe of the theft charges but she had suffered a great deal and her name had been defamed through media reports.

Zupco took the civil route and sued Ms Mushangwe over the undelivered 12 576 litres of diesel worth $17 606. Ms Mushangwe opposed the suit and filed a counter-claim for unlawful arrest and detention. High Court judge Justice Loice Matanda-Moyo dismissed Zupco’s claim.

She, however, ordered the bus firm to pay damages for unlawful arrest and detention to Ms Mushangwe. Other claims for legal costs and defamation were thrown out for lack of substantiation.

“In the result, I am of the opinion that the defendant managed to prove her claim in relation to wrongful arrest and detention.” Accordingly, I order as follows:

“That the plaintiff (Zupco) pay to the defendant (Ms Mushangwe) the sum of $5 000 for unlawful arrest and detention.

“The other claims are dismissed. The plaintiff pays costs of the suit,” ruled Justice Matanda-Moyo. Mwonzora and Associates represented Ms Mushangwe while Mhishi Legal Practice represented Zupco in the matter.

During the hearing, Ms Mushangwe told the court that she was in the business of retailing petroleum products in the country. On November 12, 2013, she said, Miracle Pretroleum entered into a lease agreement with Unioil Zimbabwe (Pvt) Ltd.

In terms of the agreement, Miracle was to use Unioil’s Masvingo depot for five years, with effect from November 15, 2013. Ms Mushangwe said Zupco then asked her to provide fuel for its buses on credit, payable after two days.

The relationship went on until Zupco owed Miracle Petroleum $44 000. The arrangement was terminated and Zupco was given terms to clear the debt. After the debt was cleared, Zupco entered a fresh agreement with Miracle Petroleum.

Zupco, in terms of the new arrangement, would deliver fuel to Miracle Petroleum’s storage tanks for use. They also agreed that Ms Mushangwe would continue serving her clients from Zupco’s supplies, which she would replace later.

Zupco workers who were on site would monitor and record all the transactions until Ms Mushangwe had drawn a total of 12 576 litres of diesel. Ms Mushangwe said she had agreed to replace the fuel.

Ms Mushangwe told the court that she was surprised to see the police coming to arrest her in the company of Zupco officials. She was taken to the police in a Zupco vehicle. As a result of the arrest, Ms Mushangwe argued that she lost business and the arrest and detention badly affected her life.

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