News / Local
Ex-top Zimbabwe govt official accused of grabbing farm equipment
20 Oct 2024 at 14:25hrs | Views
Former diplomat and ex-permanent secretary Joey Bimha is embroiled in a legal dispute concerning allegations of improperly seizing farming equipment from his former business partner, Sebastian Hugh Zietsman. The case, now before the courts, centers on the operations of their respective companies, Joch Investments and Apela Trading Private Limited.
Zietsman has accused Bimha of claiming ownership of equipment that he asserts rightfully belongs to him following the termination of their contract. In an initial application, Bimha sought to prevent Zietsman from retrieving his property, asserting that the equipment in question was his after their contractual relationship ended.
However, Zietsman has countered Bimha's claims, detailing in a civil court application how he procured the machinery and was subsequently blocked from recovering it. In his founding affidavit, Zietsman explained that in 2017, Apela Trading and Joch Investments entered into a Management Agreement for Zietsman to cultivate and manage tobacco production on a farm owned by Bimha. The agreement, which recognized obligations to Northern Tobacco (Private) Limited, was renewed in 2022 under the same terms.
Zietsman noted significant discrepancies in the asset lists of both companies between 2017 and 2022. He stated that he terminated the management agreement with Joch Investments in July 2024, invoking clause 11.1 of the 2022 contract. Following the termination, Bimha allegedly claimed ownership of Zietsman's assets and reportedly sold off a majority of them.
In a bid to solidify his claim, Zietsman accused Bimha of attempting to cover up his actions by filing an ex-parte application (HRE CD 1716/26) to bar Zietsman from removing the assets. Zietsman's legal representative, Paidamoyo Saurombe, argued that Zietsman has a prima facie right to the equipment he intends to retrieve.
"The assets are correctly captured in the management agreement of 2022 entered into by the parties. The applicant also has receipts for the assets that prove its right to them," Saurombe stated.
Zietsman further expressed concerns about the potential irreparable harm he would face if unable to recover his equipment before the start of the new farming season. He emphasized the necessity of the assets for his ongoing operations and highlighted that he secured loans to purchase the equipment, making it crucial for him to fulfill his financial obligations.
In response to Bimha's claims, Zietsman contended that the removal of equipment was not conducted in a clandestine manner, asserting that Bimha is attempting to unjustly enrich himself at his expense.
The legal proceedings remain ongoing, as both parties await a resolution. Bimha's illustrious past as Zimbabwe's ambassador to France and permanent secretary in the Ministry of Foreign Affairs adds a layer of complexity to the case, further drawing public interest in the outcome of this high-profile dispute.
Zietsman has accused Bimha of claiming ownership of equipment that he asserts rightfully belongs to him following the termination of their contract. In an initial application, Bimha sought to prevent Zietsman from retrieving his property, asserting that the equipment in question was his after their contractual relationship ended.
However, Zietsman has countered Bimha's claims, detailing in a civil court application how he procured the machinery and was subsequently blocked from recovering it. In his founding affidavit, Zietsman explained that in 2017, Apela Trading and Joch Investments entered into a Management Agreement for Zietsman to cultivate and manage tobacco production on a farm owned by Bimha. The agreement, which recognized obligations to Northern Tobacco (Private) Limited, was renewed in 2022 under the same terms.
Zietsman noted significant discrepancies in the asset lists of both companies between 2017 and 2022. He stated that he terminated the management agreement with Joch Investments in July 2024, invoking clause 11.1 of the 2022 contract. Following the termination, Bimha allegedly claimed ownership of Zietsman's assets and reportedly sold off a majority of them.
In a bid to solidify his claim, Zietsman accused Bimha of attempting to cover up his actions by filing an ex-parte application (HRE CD 1716/26) to bar Zietsman from removing the assets. Zietsman's legal representative, Paidamoyo Saurombe, argued that Zietsman has a prima facie right to the equipment he intends to retrieve.
"The assets are correctly captured in the management agreement of 2022 entered into by the parties. The applicant also has receipts for the assets that prove its right to them," Saurombe stated.
Zietsman further expressed concerns about the potential irreparable harm he would face if unable to recover his equipment before the start of the new farming season. He emphasized the necessity of the assets for his ongoing operations and highlighted that he secured loans to purchase the equipment, making it crucial for him to fulfill his financial obligations.
In response to Bimha's claims, Zietsman contended that the removal of equipment was not conducted in a clandestine manner, asserting that Bimha is attempting to unjustly enrich himself at his expense.
The legal proceedings remain ongoing, as both parties await a resolution. Bimha's illustrious past as Zimbabwe's ambassador to France and permanent secretary in the Ministry of Foreign Affairs adds a layer of complexity to the case, further drawing public interest in the outcome of this high-profile dispute.
Source - the standard
