Zimbabwe Defence Forces Commander General Constantino Chiwenga’s divorced wife, Jocelyn Chiwenga, has challenged the $99 000 agricultural inputs debt she allegedly owes a local supplier.
BY CHARLES LAITON
Jocelyn recently approached the High Court demanding that the supplier, Tian Ze Tobacco, furnishes her with a detailed account of the arrears, which date back to four years ago when she got a loan.
She claimed that when Tian Ze Tobacco summoned her to court on February 3 this year accusing her of refusing to pay the debt, she immediately requested for a detailed breakdown of the arrears, but the firm refused to co-operate.
“This is an application for an order to compel the supply of further particulars, which the respondent (Tian Ze) refuses to supply,” Jocelyn said.
“In HC897/17, the respondent issued summons against the applicant (Jocelyn) claiming the sum of $99 014,21, being the outstanding amount of the value of the inputs allegedly supplied and delivered to the applicant on credit, in terms of a tobacco farming contract between the applicant and the respondent for the 2013/2014 tobacco farming season.
“Therefore, the documents requested are critical since documents are the cornerstone of the claim. The applicant would need to have sight of the documents, which form the backbone of the claim to have a meaningful plea or defence.
“The applicant fears that without the copies of the documents requested, her plea will be vague and embarrassing as the said documents form the basis of the respondent’s claim against her.”
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Jocelyn’s argument was based on that Tian Ze had filed a lawsuit for the matter which had already been deliberated on and completed by an arbitrator based on the same facts.
“The respondent (Tian Ze) once instituted a claim of $99 014,21 against the applicant (Jocelyn) before honourable arbitrator T Garabga based on the same facts. The respondent was alleging that the agreement was concluded in the 2011/2012 tobacco farming season. The claim was dismissed,” she said.
“The respondent is now instituting a claim of $99 014,21 against the applicant based on the same facts on an agreement allegedly concluded in the 2013/2014 tobacco farming season.
“Surprisingly, the amount claimed is still the same as was claimed before the arbitration proceedings.”
She added: “It is against this background that the applicant requested the documents. The respondent has refused or failed and/or neglected to furnish the applicant with the documents.
“The applicant humbly submits that it is just, fair and equitable and in the best interest of both the respondent and the applicant that the respondent furnishes the applicant with the documents to enable the applicant to give a meaningful plea or response, thereby bringing finality to litigation.”
The matter is yet to be set down for hearing.
