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British citizen wins back seized tobacco

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HIGH Court judge Justice Alphias Chitakunye has issued an order barring five locals from interfering with a UK-based businessman Rafik Halani.

HIGH Court judge Justice Alphias Chitakunye has issued an order barring five locals from interfering with a United Kingdom-based businessman Rafik Halani, and ordered them to release his tobacco and vacate his business premises in Ruwa.

CHARLES LAITON

Justice Chitakunye’s order followed an application by Halani, the owner of Number 615 Hute Street, Ruwa Industrial Area, who sought an interdict against Collin Moworera, Geshem, Ezrom, Pardon and Weston Chibamu after a botched business agreement.

Halani and Moworera had entered into a farming business agreement, but the latter allegedly harvested a huge quantity of the crop and sold it without his partners’ consent.

“As a result of this agreement, I financed all the farming operations at the three farms and the relationship was excellent until sometime in February 2013 when I discovered that the respondents were now behaving strangely. They were now harvesting the tobacco instead of, as previously agreed, that we would harvest together to enable the agreed sharing,” Halani said in court papers.

“I then harvested a total of three hectares and a total of 24 hectares remained. I stored the tobacco at my warehouse pending grading and auctioning. However, by the time I returned to harvest the remaining tobacco, respondents had already harvested the crop,” he added.

Halani said he also lost stockpiles of metal tubes and hydrated lime to Moworera when he left his brother Faizal Rahim in charge of the business upon his return to the UK.

On Thursday last week, the five respondents are said to have descended on Halani as he attempted to load his tobacco for sale at Boka Auction floors and allegedly assaulted him together with Boka employees.

The Briton, however, got reprieve on Tuesday this week after Justice Chitakunye ruled in his favour and ordered the five to vacate the business premises and release his tobacco.

Halani was represented by Jonathan Samkange.