Fungai Lupande Senior Court Reporter
A US$3, 6 million dispute between legislator Justice Mayor Wadyajena and businessman Kudakwashe Tagwirei emanating from a botched truck-hire deal was on Thursday tabled before High Court Justice Felistus Chatukuta, who referred it to trial.
Wadyajena’s company, Mayor Logistics (Pvt) Ltd, is suing Tagwirei and his firm Sakunda Logistics (Pvt) Ltd for unlawful possession and use of four trucks resulting in loss of income and profit amounting to US$3 611 195,24, with interest.
Wadyajena says Tagwirei unlawfully possessed four truck horses and four tankers between July 2012 and December 2016.
“Damages are being claimed at the rate of US$14 812, 12 per truck per month from July 2012 to December 2016. US$14 812,12 being the averaged income and profit which plaintiff ought to have realised by hiring out the trucks on a monthly basis,” wrote Wadyajena.
Wadyajena said despite demand, the defendants have failed or neglected to pay the sum of US$3 611 195,24 as claimed.
In his defendant plea, Tagwirei denied owing the money or that he was aware the trucks were used in Wadyejena’s transportation business or were his source of income and profit.
He also denied that Wadyajena was realising US$14 812,12 between July 2012 and December 2016.
“In terms of Clause 1.1 of the second agreement, the parties agreed not to sue each other relating to the dispute under case number HC10935/14. Defendants fully paid the amounts due,” he said.