Four Zimbabweans who were injured in an accident while travelling on a Tanzanian bus, owned by Taqwa Luxury Coaches trading as Hughes Motors Tanzania, in 2013, have been granted leave to attach the company’s buses pending the finalisation of the court case where they are claiming $250 000 damages.
BY CHARLES LAITON
High Court judge Justice Charles Hungwe gave the greenlight for attachment of the buses following a hearing made in his chambers last Tuesday.
The Zimbabweans — Merina Tsiga, Tonderai Mhere, Lillian Dhliwayo and Arnold Tsigah — have already sent the summons to the bus company where they are claiming different amounts in damages.
The quartet sustained various injuries in the accident which occurred in Tanzania on December 30, 2013.
According to court papers, Tsiga is claiming $78 500, Mhere ($67 800), Dhliwayo ($75 500) and Tsigah ($26 000). Through their lawyer Cyprian Chabvepi, the victims blamed the bus driver for causing the accident which left most of them permanently disabled.
“Applicants are, therefore, seeking for an order that the respondent’s buses be placed under judicial attachment and such buses with a forced sale value of approximately $210 000 and further $40 000 being the estimated legal costs of litigation be kept within the jurisdiction of this honourable court by the Sheriff of this court to allow applicants to file their summons against respondents for the recovery of the stated damages,” Chabvepi said in summons filed under case number HC6947/15.
“The applicant be and is hereby granted leave to attach respondent’s assets in the sum of $210 000 currently in or entering Zimbabwe, together with $40 000 being the applicant’s estimated legal costs, to found jurisdiction of the High Court of Zimbabwe and the Sheriff of Zimbabwe keeps these assets within the jurisdiction of the High Court of Zimbabwe until finalisation of all applicants’ claims against the respondent,” Justice Hungwe ruled.
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He added: “Respondent (Taqua Luxury Coaches) be and is hereby ordered to, immediately upon being served with this order, release their assets to the value of $250 000 unless it provides security judicatum solvi (security for legal costs) acceptable to the registrar of this court pending the finalisation of the summons matter against the respondents which action shall be instituted within seven days of granting this order.”
