Source: Wadyajena withdraws $3,6m Tagwirei suit | The Herald October 16, 2019
Fidelis Munyoro Chief Court Reporter
Businessman and legislator Mr Justice Mayor Wadyajena has withdrawn a $3,6 million suit against fellow businessman Mr Kudakwashe Tagwirei over some fuel tankers’ rental debt that had spilled into the High Court.
Mr Wadyajena had sued Mr Tagwirei, accusing him of being an extortionist.
He also accused him of illegally using fuel tankers from his company, Mayor Logistics.
Mr Tagwirei, who was cited along with Sakunda Energy (Pvt) Ltd and Sakunda Logistics, responded with counter accusations that Wadyajena was trying to extort him.
The two businessmen have found each other, culminating in Mr Wadyajena withdrawing the suit with the consent of Mr Tagwirei.
“Take notice that the action having been orally withdrawn with no order as to the costs and with consent of the first, second and third defendants at a pre-trial conference hearing before the Honourable Justice (Felistus) Chatukuta on 10 October, 2019, plaintiff hereby formally withdraws this action with no order as to costs,” read the order endorsed by the High Court yesterday.
When the suit was brought to court, Mr Tagwirei, who was being represented by his lawyer Mr Wilson Manase, strenuously opposed the claim, arguing that the action was an attempt to run an extortionist cartel to fleece genuine businesses.
Mr Tagwirei said he entered into an agreement with Mr Wadyajena and had paid everything agreed on.
To strengthen his defence, Mr Tagwirei produced agreements entered into between him and Mr Wadyajena, including evidence of payment of $1 883 666 to the legislator in May last year, through his lawyers.
Mr Tagwirei also filed a copy of a memorandum of agreement showing that the two would not to sue each other made on April 24, 2017.
However, in his action, Mr Wadyajena insisted he was owed money for the use of the four fuel tankers belonging to his company without his consent.
He claimed this resulted in a $3,6 million loss in business and that each truck suffered damages of $14 812,12 per month.