FORMER Zimbabwe National Road Administration (Zinara) chief executive officer Frank Chitukutuku and his wife, Nyasha, have been dragged to the High Court by Alliance Insurance Company over an outstanding US$68 000 mortgage-backed debt.
Alliance Insurance is seeking a provisional sentence for US$61 000, the outstanding capital amount, together with US$7 000 in agreed legal fees and interest at 5% per annum from April 15 this year.
The insurer also cited Voedsel Enterprise, represented by Solomon Mahufe, as a respondent.
According to court papers, Alliance Insurance and Voedsel Enterprise signed an acknowledgement of debt arising from a judgment debt amounting to US$161 000.
In terms of clause 2 of the agreement, the full amount was to be paid on or before April 15, 2026.
Court documents state that clause 3 of the agreement provided that failure to settle the debt by due date would render the entire amount immediately due and payable.
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Under clause 7, Voedsel Enterprise and its sureties agreed to pay a flat legal fee of US$7 000 in the event of a breach.
Clause 8 further provides that if Alliance Insurance institutes legal proceedings and the respondents oppose the claim, the insurer would be entitled to legal fees of US$15 000.
The court papers state that Voedsel Enterprise was required, under clauses 5 and 6 of the agreement, to secure sureties who would register a surety mortgage bond as security for the debt.
It was submitted that on February 24, Chitukutuku and his wife signed as sureties and co-principal debtors and mortgaged their immovable property in favour of Alliance Insurance.
The property is described as Lot 3 of Subdivision C of Subdivision B of Subdivision D of Nthaba, Glen Lorne, in the District of Salisbury, measuring 8 853 square metres and held under Deed of Transfer No 3885/2011 dated August 22, 2011.
Alliance Insurance alleges that Voedsel Enterprise failed to settle the debt by April 15, triggering the acceleration clause and rendering the full amount immediately payable.
A demand letter was issued on April 16, 2026. Voedsel Enterprise subsequently paid US$100 000, leaving an outstanding balance of US$61 000.
The insurer argues that the remaining US$61 000, together with the agreed legal fees of US$7 000, is due and payable.
Alliance Insurance further states that should the respondents oppose the application, it will amend its claim to seek US$15 000 in legal fees as provided for in the agreement.
The insurer is seeking an order declaring the Glen Lorne property specially executable to satisfy the debt.
The matter is pending before the court.