Nyashadzashe Ndoro
Chief Reporter
The High Court of Zimbabwe's Commercial Division dismissed an application by Centenary Tobacco (Pvt) Ltd to set aside a case management order issued, in the matter of Centenary Tobacco (Pvt) Ltd versus Central Mechanical Equipment Department (Pvt) Ltd.
The case revolves on the trial of Hugh Tinashe Sibanda, the director and company secretary of Centenary Tobacco Company. Sibanda, representing himself and the company, is accused of embezzling US$2 million. The complainant, CMED (Pvt) Ltd, alleges that Sibanda misrepresented his company's project as being of national status to import duty-free diesel.
The allegations against Sibanda date back to October 2022, when he approached CMED Head Office to import duty-free diesel for agricultural purposes. Sibanda submitted documents, including a letter of authorization from the Ministry of Agriculture and a rebate letter from ZIMRA, which were later found to be forged. As a result, CMED imported 4.47 million liters of duty-free fuel on behalf of Sibanda and his company, which was collected by the company on multiple occasions.
The State is seeking payment of US$2,805,900 in duties on the imported fuel, and has lined up several witnesses, including John Bhasera, the former Secretary for Lands, Agriculture, Fisheries, Water, and Rural Development.
A case management order issued on May 13, 2024.
In the latest case, the applicant had sought to have the order set aside on the grounds that the deed of surety and personal guarantees were not agreed upon, and that two of the named directors were no longer with the company. However, the court found that the applicant had failed to meet the required threshold to have the order set aside.
In his ruling, Justice Sylvia Chirawu-Mugomba cited the importance of the case management process in the Commercial Division, which aims to provide a speedy and efficient resolution of commercial disputes. The court noted that the applicant had participated in the case management process and had not raised any objections to the order at the time it was issued.
"I did not read the founding affidavit to suggest that the persons who attended the meetings on behalf of the applicant including the legal practitioner were imposters and that they had no authority to act. The management process itself is rigorous as explained above.
"The applicant seeks to clutch at straws and suggest that two of the named directors in the impugned order have since left yet absolutely no proof has been tendered. There is no allegation that at the time of the granting of the order, they were not directors," the judge stated.
The court also observed that the applicant's application was scant in detail and lacked merit.
Justice Chirawu-Mugomba dismissed the application and ruled that there would be no order as to costs.
"Whilst I am cognisant of the fact that justice should not only be done but be seen to be done, the application shows a lack of seriousness on the part of the applicant and a disdain for the courts and rules. The application is not only scant in detail but has no merit at all.
"On costs, none were sought and none will be awarded," the judge ruled.
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