Bak Storage’s bid seeking to have former Hurungwe West MP Temba Mliswa’s firm Saltlakes Holdings’ $1,4 million claim dismissed, last week went up in smoke after High Court judge Justice Amie Tsanga ruled the storage firm had a case to answer.
BY CHARLES LAITON
The former Warriors fitness trainer’s firm filed a claim against Bak Storage after his tobacco was allegedly destroyed by rain while in the firm’s custody sometime in 2009.
At some point, Bak Storage had filed a counter claim against Mliswa, arguing he had failed to pay storage in the sum of $90 000, but the matter was settled later after both parties agreed the storage fees counter-claimed were $34 000.
As Mliswa’s claim trial continued, Bak Storage, which was represented by Advocate Thembinkosi Magwaliba, applied to be absolved from the litigation following the evidence of former Saltlakes general manager Wilfred Nhema.
Bak Storage argued there was no sufficient evidence that had been presented before the court warranting it to be put to its defence, but the application was dismissed and Justice Tsanga ruled the firm had a case to answer.
In his evidence-in-chief, Nhema gave a chronological order of events on how Bak Storage and Saltlakes entered into an agreement for the transportation and storage of Mliswa’s tobacco bales.
Nhema said about 27 539 bales, which form the basis of the litigation, were transported by Saltlakes into Bak Storage’s custody between October 2008 and June 2009.
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As the tobacco was in Bak Storage’s custody, Saltlakes claims it was damaged due to Bak Storage’s negligence, hence Mliswa was claiming compensation.
Nhema told the court Saltlakes had bought the tobacco from various auction floors that included Tobacco Sales Floor, Zitac and Burley Marketing Zimbabwe.
Saltlakes presented that sometime in November 2008, 14 bales of tobacco worth $3 987 were damaged by rains through roof leakages while at Bak Storage’s warehouse.
The firm further claims another 193 bales were also damaged after a water tap was allegedly left running and a further 1 500 bales of tobacco valued at $300 000 were also destroyed by water that flooded the warehouse.
The matter was postponed indefinitely to next year.
