BY CHARLES LAITON
Zimbabwe Cricket (ZC) has rubbished Croco Motors’ claim of US$2,5 million following a corporate box wrangle between the two organisations with the former suggesting that the later did not have a case against them.
Initially when Croco Motors issued summons against the cricket body, it cited the latter as Zimbabwe Cricket Union (ZCU) instead of Zimbabwe Cricket.
Through its acting managing director, Givemore Makoni (pictured), ZC said the company cited by the vehicle sales and maintenance firm, was non-existent and as such any order granted by the court would be difficult to enforce.
“The applicant (ZC) intends to amend its plea to include the fact that the applicant as cited under case number HC8055/19 is non-existent … the respondent (Croco Motors) cited the applicant as Zimbabwe Cricket Union purportedly in place for Zimbabwe Cricket. The said entity is non-existent at law and as such any order that will be made by the court will have no force and effect,” Makoni said in his affidavit.
According to Makoni, Croco Motors’ claim for US$2 560 000 arises out of a purported acknowledgment of debt signed by ZC on June 11, 2015. However, Makoni said the summons against the cricket body were issued on September 4, 2018 after more than three years had lapsed from the date the purported acknowledgment of debt was signed.
“The plaintiff’s (Croco Motors) claim for the amount of US$2 560 000 arises out of a purported acknowledgment of debt signed on June 11, 2015. The summons (were) issued on September 4, 2018. When the summons (were) issued, more than three years had lapsed from the date the purported acknowledgment of debt was signed. To that end, the plaintiff’s claim has prescribed,” he said.
Makoni also said the individual, who signed the purported acknowledgement of debt Wilson Manase, in his capacity as the chairman of the ZC then, had no authority to encumber the cricket body.
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“Manase’s position as chairman of the board did not extend to transacting and encumbering the defendant in the alleged manner. Instead, that is the role of the managing director. Hence, the alleged acknowledgment of debt is not valid,” Makoni said, adding: “The sum of US$2 560 000 is based on an invalid document, therefore, the amount is not enforceable. Even if the document was valid, the claim has since prescribed. Wherefore, the defendant prays for the dismissal of the plaintiff’s claim with costs.”
The matter is yet to be set down for hearing, but the wrangle arose after Croco Motors lost their corporate box and advertising space at the Harare Sports Club where the national cricket team plays most of its home matches.
Following that development, the company has claimed a breach of contract as they claim to have signed a 25-year deal for their box and advertising space and are, therefore, demanding US$2,5 million.
ZC has been grappling with a shrinking income after the International Cricket Council shaved off US$4m from the US$9 million that the organisation was entitled to. With that development the organisation has embarked on cost cutting measures.
