News / National
Chihuri sues Chiwenga's in-law over $212 000
14 Jun 2017 at 06:32hrs | Views
Commissioner-General of Police, Augustine Chihuri, has approached the courts seeking to compel a local auctioning firm, KM Auctions (Pvt) Ltd, to remit $212 345 realised through selling the force's property throughout the country.
KM Auctions is owned by Premier Soccer League club Dynamos president and businessman Keni Mubaiwa, whose daughter, Marry, is married to Zimbabwe Defence Forces Commander, General Constantino Chiwenga.
The auction company is yet to respond to the summons that were filed by the Civil Division of the Attorney-General (AG)'s Office on June 9, 2017.
Through his lawyers from the AG, Chihuri said sometime in 2015, his office and the auctioneers entered into an agreement in terms of which the latter would sell, by auction, Zimbabwe Republic Police (ZRP) motor vehicles, motorcycles, pedal cycles, quad bikes and redundant spares and obsolete equipment.
He further said his office agreed with KM Auctions that the proceeds of the said auction would be deposited into a ZRP bank account, but despite having conducted many sales, the auctioneers reneged on the parties' agreement with the law enforcement agency.
"Defendant (KM Auctions) conducted auctions throughout the country in 2015 and realised an amount of
$212 345. The defendant has breached the above-mentioned agreement. The defendant has failed to deposit the proceeds of the auction into the ZRP bank account," Chihuri said.
He further said on March 7 this year, his office issued a letter of demand to KM Auctions, calling upon the latter to remit the auction proceeds within seven days or risk being issued with court summons.
"Notwithstanding the demand, the defendant has failed, neglected and/or refused to pay amount due and payable to the plaintiff. Wherefore, the plaintiff's claim against the defendant is for payment of $212 345, interest thereon calculated at the prescribed rate from date of summons to date of payment in full plus costs of suit on legal practitioner and client scale," Chihuri said.
The matter is pending at the High Court.
KM Auctions is owned by Premier Soccer League club Dynamos president and businessman Keni Mubaiwa, whose daughter, Marry, is married to Zimbabwe Defence Forces Commander, General Constantino Chiwenga.
The auction company is yet to respond to the summons that were filed by the Civil Division of the Attorney-General (AG)'s Office on June 9, 2017.
Through his lawyers from the AG, Chihuri said sometime in 2015, his office and the auctioneers entered into an agreement in terms of which the latter would sell, by auction, Zimbabwe Republic Police (ZRP) motor vehicles, motorcycles, pedal cycles, quad bikes and redundant spares and obsolete equipment.
"Defendant (KM Auctions) conducted auctions throughout the country in 2015 and realised an amount of
$212 345. The defendant has breached the above-mentioned agreement. The defendant has failed to deposit the proceeds of the auction into the ZRP bank account," Chihuri said.
He further said on March 7 this year, his office issued a letter of demand to KM Auctions, calling upon the latter to remit the auction proceeds within seven days or risk being issued with court summons.
"Notwithstanding the demand, the defendant has failed, neglected and/or refused to pay amount due and payable to the plaintiff. Wherefore, the plaintiff's claim against the defendant is for payment of $212 345, interest thereon calculated at the prescribed rate from date of summons to date of payment in full plus costs of suit on legal practitioner and client scale," Chihuri said.
The matter is pending at the High Court.
Source - newsday
