THE Bulawayo High Court will on October 11 hear the case of former Zimbabwe National Army (ZNA) captain and chaplain at Mbalabala Barracks, Solomon Ndlovu who sued businessman Osfael Mazibuko for losses he incurred while in jail over a vehicle theft charge.
Ndlovu (52) is suing Mazibuko for damages and multiple losses he incurred while in jail after he (Mazibuko) caused his arrest which resulted in him being sentenced to six years for theft of a vehicle.
He was convicted in January 2018 by Beitbridge regional magistrate Mark Dzira.
Two months of his six-year jail term were suspended for five years on condition of good behaviour.
A further five months were suspended on condition that he reimbursed Mazibuko US$2 500, leaving him with an effective 65 months to serve.
He appealed against sentence and conviction at the High Court and he was acquitted.
In July last year, he sued Mazibuko and his manager Dennis Ndlovu claiming damages suffered as a result of malicious incarceration.
Ndlovu has confirmed that the hearing has been set for October 11.
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He is demanding US$102 800 for the loss of his houses, 78 heads of cattle and tractors while he was in jail.
“The plaintiff also claims payment of damages for wrongful malicious prosecution and imprisonment in the sum of the equivalent of US$52 000, contumelia and loss of his family and wife, job and income pension benefits amounting to the equivalent of US$50 000, the claim being made jointly and severally against the defendants — the one paying the other to be absolved and cost of suit,” the summon read.
In his declaration, Ndlovu said in May 2016, he entered into a sale agreement of a Toyota Hilux body on wheels (registration number ADG9909).
Mazibuko then lodged a report to the Central Intelligence Organisation alleging that he had stolen the car.
“Using the influence of CIO operatives, the first defendant went to Makhado Police Station in Beitbridge and made a false criminal report,” said Ndlovu.
In their plea, Mazibuko and his manager claimed that Ndlovu had borrowed the car for use, adding that there was no payment agreed by the parties.
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