Source: Zvinavashe widow sued for US$53 000 | The Herald September 26, 2019
Fungai Lupande Senior Court Reporter
Mrs MARGARET Zvinavashe, the widow of national hero General Vitalis Zvinavashe, is being sued for US$53 274 at the High Court by the Oil Seed Association of Zimbabwe over a soyabean deal that went sour.
According to summons filed last week, Mrs Zvinavashe entered into a contract with the Oil Seed Association of Zimbabwe on November 29 last year under which the latter would provide soya blend inputs for 200 hectares.
The association said the agreement was that it would oversee the production of the crop by Mrs Zvinavashe on her farm up to its delivery to the market
“The parties also agreed that it shall be the responsibility of the Oil Seed Association of Zimbabwe to ensure that (Mrs) Zvinavashe is paid all the money due to her, less deductions after harvesting, delivering and selling the produce,” said the summons.
“It was agreed that the company shall, at the end of the sale deduct US$10 administration fee for each tonne sold by (Mrs) Zvinavashe. She was to deliver 50 percent of the total harvest to company and retain the remainder for herself. Since commencement of the harvesting of the soyabeans, Oil Seed Association of Zimbabwe had received 47, 42 tonnes soya beans deliveries leaving an outstanding balance of 177, 58 tonnes.
“Money required for hectare for fertiliser blend as provided to (Mrs) Zvinavashe was US$294,84 borrowed and availed at 15 percent per annum interest. Resultantly, the company only received 47,42 tonnes of soyabeans from )Mrs) Zvinavashe, equivalent to US$ 14 100, leaving a balance of 177, 58 tonnes, whose equivalent value is US$53 274.”
The association further alleged that Mrs Zvinavashe then barred its employees and officials from entering her farm in contravention of their agreement.
“Oil Seed Association of Zimbabwe had to seek intervention of the High Court under HC5286/ 19 through an ex-parte urgent chamber application to be allowed access to (Mrs) Zvinavashe’s farm and continue participation in the harvesting of the soyabeans. An order was granted by consent that parties harvest the produce together and share the financial proceeds.
“Upon seeking to enforce the court order the company realised that (Mrs) Zvinavashe had harvested all the soyabeans and confiscated what was due to the company,” read the summons.