Prisons boss sued over $137 000 loan

COMMISSIONER-GENERAL of the Zimbabwe Prisons and Correctional Services, Retired Major-General Paradzai Zimondi, has been taken to the High Court by the Zimbabwe Farmers Development Company (ZFDC) after allegedly failing to service a $137 777 debt emanating from farming equipment supplied to him on credit over a decade ago.

Source: Prisons boss sued over $137 000 loan – NewsDay Zimbabwe October 1, 2016

BY CHARLES LAITON

On September 7 this year, ZFDC issued summons against the top prisons boss under case number HC9059/16 and the latter has since entered his appearance to defend notice through his lawyer Alex Mambosasa.

According to ZFDC, sometime in September 2007, it sold and delivered a 10-ton dumper truck, tool box, hydraulic jack, rod and reflector to Zimondi at a total price of $81 900 and the agreement was reduced into writing.

However, at the time of drafting the summons against the prison boss, ZFDC said it conducted a diligent search for the copy of the agreement, but could not locate the same, forcing it to use a copy of the delivery note instead.

“Attached hereto and marked annexure A (to summons) is a copy of the delivery note. Some of the terms of the agreement were: That the loan repayment period was five years, that the defendant was required to make or pay annual instalments, that the ownership of the equipment remained with the plaintiff until the purchase price was paid in full and that the debt would attract 5% compound interest per annum,” ZFDC said in its declaration through its lawyers Muvirimi Law Chambers.

“Defendant (Zimondi) took delivery of the equipment and has been in possession of the equipment ever since, but omitted to pay the annual instalments over the entire loan repayment period. On October 27 2009, plaintiff (ZFDC) sold one YTO LF 80-90 tractor to defendant on credit valued at $47 459, 58.”

The ZFDC further said when Zimondi obtained the tractor on credit, the parties allegedly agreed that compound interest of 5% per annum would be charged on the capital amount while a penalty equivalent to 5% would be charged on instalments that would be in arrears and that the loan repayment period would be five years.

The company also said it was agreed Zimondi would pay a deposit of $9 491, 92 by no later than November 30, 2009 and that he chose Subdivision R/E1 of The Vale Farm in Bindura as his place of residence.

“Defendant took delivery of the tractor and failed to pay the deposit by the stated and agreed date. On November 30, 2015, plaintiff prepared a statement of account balances, which reflects that defendant owes plaintiff a total of $137 777, 44 inclusive of interest and penalty charges.”

The matter is still pending.