FORMER Mazowe Citrus Estate employee, Lazarus Ngwenya, has dragged his former paymasters to the High Court demanding $50 000 in compensation for allegedly causing his malicious arrest and prosecution over an $86 000 loss.
BY CHARLES LAITON
According to Ngwenya, the incident leading to his arrest and subsequent prosecution occurred sometime in May 2013 when Mazowe Citrus filed a criminal report against him and his colleague, accusing them of opening a Vege Flora account without the knowledge and authority of the company.
Ngwenya said the company alleged he traded with Vege Flora account by supplying oranges to Mazowe Citrus Estate without the knowledge and consent of his employer, thereby causing his bosses to suffer an $86 000 loss.
Ngwenya further said despite his plea of innocence, and an audit report clearly stating that no financial loss had been incurred, the company still went ahead and invited the police to arrest him, leading to the malicious prosecution.
“The prosecution of the plaintiff (Ngwenya) at the instance of the defendant (Mazowe Citrus) was malicious in that, defendant, while being aware that a Vege Flora account was opened by it and dully authorised by plaintiff’s supervisor managers who are or were employees of defendant, lied that it was plaintiff who had fraudulently opened that account without its knowledge,” Ngwenya said through his lawyers from Mugiya & Macharaga Law Chambers.
“The audit report of 2013 in respect of Vege Flora clearly stated that no financial loss resulted from any dealing or any internal control system of defendant in so far as it dealt with Vege Flora account, yet defendant claimed that plaintiff had prejudiced it of over $86 000 as a result of him having opened a Vege Flora account without its authority.”
Ngwenya also said the citrus estate ignored an e-mail from its executive, one Thokozani Mangeya, who acknowledged to have participated in the opening of the Vege Flora account yet it still maintained it was him despite him (Ngwenya) having no powers to do so.
“Plaintiff prays for payment in the sum of $50 000 for damages for malicious arrest and prosecution at the instance of the defendant and cost of suit at an ordinary scale.”
The citrus firm has since filed an appearance to defend notice, through its lawyers Chitewe Law Practice.