adminGibson Mhaka
IT never rains but pours for National Alliance of Patriotic and Democratic-Republicans (NAPDR) leader Divine Mhambi-Hove, who is also a member of the Political Actors Dialogue (Polad), after he was slapped with a US$24 300 lawsuit by a local businessman.
The suit is for damages arising from assault, medical expenses, business lost as well as total goods taken or destroyed by the politician when the two parties had a misunderstanding in July last year.
For assaulting the businessman Trust Mteedzi, Hove (46) who is also chairperson of Polad monitoring, implementation and evaluation committee was on 6 October last year fined $40 000 (or six months imprisonment) by Bulawayo magistrate Musaiwona Shotgame.
Barely a few months after escaping jail time, Mteedzi through his lawyers Tanaka Law Chambers slapped Hove with a lawsuit filed at the Bulawayo High Court under case number HC193/ 23.
In his suit Mteedzi argued that as a result of the assault he sustained a swollen right shoulder with restricted range of movement, and so serious were the injuries that they had a potential danger to his life.
“On 3 July 2022 and at the then Basement Bar situated at corner Jason Moyo Street and 11th Avenue after a minor misunderstanding the defendant assaulted the plaintiff with fists, wooden plank several times on the head, neck and right hand intending to cause harm on the plaintiff.
“Consequently, the plaintiff suffered both physically and emotionally. He was examined on the 5th of July 2022 at United Bulawayo Hospitals and it was observed that he had sustained a swollen right shoulder with restricted range of movement, swollen left parietal scalp with hematoma, and that injuries were serious and a potential danger to his life, among other observations,” the suit reads in part.
According to the court papers the incident was reported to the police and the defendant was eventually prosecuted and found guilty of assault at the Bulawayo Magistrates Court on 6 October 2022.
“As a result of the incident the plaintiff also suffered the following damages, extensive shock, pain and suffering, public humiliation as he was assaulted in full view of his staff, patrons and the public as a result of the assault, and as such damages in the sum of US$6 000 and medical bills, US$1 800,” further read the papers.
Mteedzi further stated that on 21 June last year at the basement, after he had locked his part of the premises which he leased from Duly’s Motors business he was attacked by Hove.
He claimed Hove violently removed his padlock and put a new one before he went on to destroy and take his property.
“Two 42-inch TV sets (Samsung) valued at US$6 000 each, CCTV at US$700 including Digital Video Recorder and four cameras, one large deep defy freezer at US$800, upright fridge at US$400, amplifier system at US$300, safe cash box at US$1 200 with US$ 2 500 cash, counter at US$1 000 and counter tops at US$900.
“Projector valued at US$300, destroyed padlock at US$80, six couches and two tables for VIP Lounge at US$1000, stage destroyed US$800, eight wooden stools at US$240, 10 steel chairs at US$300, 10 half-wooden half-steel valued at US$400, 30x 24 crates with beer at US$500, 25 crates with empty bottles at US$$250, 10 crates with beer can at US$240 and sockets, cables and switches at US$490”.
He further stated that he had to seek urgent spoliation relief from the court in order to access his premises.
Mteedzi lamented that in the process he lost a month’s business or revenue totalling US$3 500 for the month of July 2022.
He claimed this was so because he was making at least US$3 500 per month while in business.
“The defendant reasonably foresaw the possibility of harm to the plaintiff both in assaulting him and dispossessing him of his assets yet he continued to assault him and dispossess the plaintiff.
“The defendant was wrongful and unlawful.
Consequently, the defendant is liable for the ensuing damages.
“Wherefore the plaintiff prays for an order for US$6 000 being damages for shock, humiliation, pain and suffering, US$1 800 being damages for medical expenses, US$16 500 being the total value of goods taken or destroyed by the defendant as well as business lost, together with costs of suit on an attorney client scale”.
Hove is yet to file his response to the US$24 300 claim.
Siphakeme .Mnindwa
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