A LOCAL company, which sells herbs, has been ordered to pay a commuter omnibus owner, who is claiming compensation, for his accident-damaged vehicle.
1202 Herbal Solution, through its director Andy Balem aka Mambo Ndini, had hired the vehicle to ferry its workers sometime in September 2020, before the firm’s driver was involved in an accident.
The High Court went on to award the commuter omnibus owner, Mathias Kabaya, a US$7 500 compensation in March last year, which the company failed to pay.
Kabaya then obtained a writ of execution, where the Sheriff of the High Court attached 1202 Herbal Solutions’ property.
However, another company Maryland Holdings (Pvt) Ltd claimed ownership of the same property.
In an application, the Sheriff approached the High Court seeking to declare the property attached on 1202 Herbal Solutions’ behalf executable.
After reading documents filed, and hearing counsel, Justice Rodgers Manyangadze, dismissed Maryland Holdings’ claim to the said property.
“The Maryland Holdings’ claim to all the property, which was listed in the Notices of Seizure dated 24 November 2021, which were placed under attachment in execution of the order in case No. HC 6698/20, be and is hereby dismissed.
“The above-mentioned property, attached in terms of the Notices of Seizure dated 24 November 2021 issued by the Sheriff, is hereby declared executable.
“Maryland Holdings is to pay Mathias Kabaya’s and Sheriff costs,” reads the ruling.
The property will now go under the hammer.
In his declaration filed alongside the summons, Kabaya claimed he had entered into an agreement with 1202 Herbal Solutions sometime in September 2020, whereupon he leased his vehicle, registration number AFC580.
It was agreed that the purpose for hiring the vehicle by 1202 Herbal Solutions was to transport its staff from their homes, to and from work and, or, to deliver herbs in and around Harare.
1202 Herbal Solutions was to pay a further US$40 per day from September 25, 2020, until the lease expires and the motor vehicle is returned to Kabaya.
However, on October 6, 2020, the firm’s driver, one Tatenda Ncube, was involved in an accident in Ruwa, while towing another vehicle. The company had only paid Kabaya $280 for the first seven days, up to September 31, and the second payment was due on October 7, 2020.
The accident occurred on October 6.
