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NewsDay

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Bank sued $15m for causing family arrest

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A local businessman, the director of Ideal Brands, Peter Dzvairo, is suing the Infrastructural Development Bank of Zimbabwe (IDBZ) for a whopping $15 million in damages for allegedly causing his arrest. He was allegedly arrested in 2009 and spent 36 days in prison. He claims that his wife was also detained for seven days without […]

A local businessman, the director of Ideal Brands, Peter Dzvairo, is suing the Infrastructural Development Bank of Zimbabwe (IDBZ) for a whopping $15 million in damages for allegedly causing his arrest.

He was allegedly arrested in 2009 and spent 36 days in prison.

He claims that his wife was also detained for seven days without charge.

He said he underwent a lot of psychological trauma due to the actions of the bank and is claiming $10 million for malicious arrest and prosecution and $5 million for defamation.

Dzvairo was arrested after being accused of defaulting payment of $62 850 in Bills of Exchange. Dzvairo, who is being represented by lawyers from Mudambanuki and Associates, issued summons to the government-owned bank on March 8 2011, in case number 2433/11 through the High Court in Harare.

The bank, which is cited as the defendant in the court papers, is yet to file its plea in response to the summons.

Dzvairo claims that his arrest and detention was unlawful because the bank had filed a false report against him and the criminal court refused to remand him on the basis that there was no evidence against him.

Part of his declaration reads: “The defendant (IDBZ) also defamed the plaintiff (Dzvairo) by having it publicised falsely that the plaintiff was a thief and fraudster. This defamation caused the plaintiff to lose his goodwill and to lose the trust of his customers. The plaintiff’s good name was destroyed and this caused the collapse of his business.”

Dzvairo is also demanding that IDBZ returns his vehicles, a Mercedes Benz and a Nissan Hardbody King Cab, which the bank allegedly seized from him.

In his declaration in case number 1701/10 dated March 18, 2010, Dzvairo said: “Should both vehicles or one of them be missing for whatever reason, defendant (IDBZ) to pay the market value of both vehicles or such vehicle missing.”

Dzvairo claimed while he was in police custody the bank officials allegedly forced him to sign an agreement surrendering his two vehicles.

“Pursuant to the said illegal agreement elicited by duress, the defendant forcibly and unlawfully took plaintiff’s said two motor vehicles on or around May 6 2009,” Dzvairo’s lawyers claimed.