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Jonathan Samukange sues Marange over truck use

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TOP Harare lawyer Jonathan Samukange is demanding $230 000 from Marange Resources (Private) Limited for allegedly using his truck without authority

TOP Harare lawyer Jonathan Samukange is demanding $230 000 from Marange Resources (Private) Limited for allegedly using his truck without authority since 2009.

Feluna Nleya Staff Reporter

In papers filed in the High Court, Samukange claims that in 2008, he entered a mining agreement with one Robert Van De Merwe which was to operate a tantalite mine at Benson Mine in Mutoko.

As part of the agreement, he offered his white Toyota Dyna truck imported from South Africa in 2005 to be used to transport the ore.

“Three months later, the truck was, without plaintiff’s knowledge, taken to Marange Resources (Private) Limited where Mr Robert Van De Merwe entered a mining joint venture for diamonds with the defendant,” Samkange said in his court papers.

“In August 2009, the vehicle was impounded by Zimbabwe Republic Police Mutare for failure to have a valid licence.

“In the same month, plaintiff and employees of defendant had a meeting at Mutare Police Station.”

Samukange, in the papers, said Marange Resources employees admitted that they were using the lorry to ferry workers for the benefit of the defendant. “Defendant’s management staff agreed to purchase the lorry for the sum of $230 000 being the value of the truck at the time defendant started benefiting from it,” Samukange said.

“From 2009 up to date, both Mr I Dube and Mr G Masimirembwa acknowledged being indebted to the plaintiff.”

“The driver, Titus Makeredza, has admitted using the truck for the defendant’s benefit from 2009 to date. The truck has been in defendant’s possession since 2009.”

Samkange said despite many demands to have Marange Resources pay, they have failed to do so.

“Plaintiff (Samukange) has lost access to the truck and has been impoverished at the expense of the defendant. Defendant has admitted benefiting from the truck and continues to benefit from it.”

“Despite numerous demands, defendant has failed, neglected and or refused to pay the sum of $230 000 which is the value of the truck at the time of commencement of use or alternatively being the sum for which defendant has been unjustly enriched at plaintiffs expense.”