HARARE – Boka Tobacco Auction Floors (Pvt) Ltd (Boka) and another tobacco purchasing company have been ordered to pay over $2 000, allegedly withheld from a Mvurwi farmer, after the sale of his tobacco.
Tichaona Mesoenyama approached the court after failing to get payment from Premier Tobacco Auction Floors (Pvt) Ltd (Premier), which in turn told him it had transferred the money to Boka, following a stop order claim.
The court heard Mesoenyama sold 16 bales of tobacco to Premier for $2 774 in April this year.
According to court papers, the purchase price was payable to Mesoenyama within 48 hours.
“Without the plaintiff’s knowledge, let alone consent, or a garnishee order issued by the court of law, the first defendant (Premier) transferred the entire proceeds to the second defendant (Boka)’s bank account, upon the second defendant’s instruction,” reads part of the court papers.
Mesoenyama, who is represented by Kudzaishe Gama, said Boka connived with Premier for the money to be released into its account. According to court papers, Boka claimed that Mesoenyama owed it some thousands of dollars.
“Plaintiff does not owe second defendant (Boka) any money either contractually or delictually,” Gama said.
He further said that Boka did not have a court order confirming Mesoenyama’s indebtedness, adding that the two respondents had taken the law into their own hands and should release the funds.
Harare magistrate Vongai Muchuchuti ordered the two respondents to pay back the money, within 48 hours after the granting of the order.
When the order was granted, Boka was in default and did not file an appearance to defend.
Its attempt to have the judgment receded hit a brick wall after magistrate Tatenda Manhanzva dismissed the application.
After the order was handed down, Boka then filed a plea, opposing the request, a move described by Gama as unprocedural.