FORMER Zimbabwe National Army (ZNA) captain Solomon Ndlovu's case against a businessman, Osfael Mazibuko, who caused his arrest, is set to resume at the Bulawayo High Court on February 8.
Ndlovu (52) was jailed for theft of a vehicle, but was later acquitted. He had been sentenced to six years for the offence.
Ndlovu is now suing Mazibuko for losses incurred when he was in jail.
Last year, Mazibuko filed his opposing papers.
The former ZNA captain is claiming US$102 000 for loss of houses, 78 head of cattle and tractors during the period he was incarcerated.
Beitbridge regional magistrate Mark Dzira sentenced him to six years in jail for theft of a motor vehicle. Two years were suspended on condition of good behaviour.
A further five months were suspended on condition he paid Mazibuko US$2 500, leaving him with an effective 65 months to serve.
He appealed against sentence and conviction at the High Court and was found not guilty and acquitted.
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In July 2021, Ndlovu sued Mazibuko and his manager Dennis Ndlovu claiming damages suffered as a result of incarceration.
Both parties will appear in court on February 8.
In his declaration, Ndlovu said in May 2016, he entered into a sale agreement of a Toyota Hilux body on wheels (registration number ADG 9909). Around April 2017, Mazibuko lodged a report to members of the Central Intelligence Organisation (CIO) alleging that NdIovu stole his car. Using the influence of CIO operatives, the first defendant went to Makhado Police Station in Beitbridge and made a false criminal report,” Ndlovu said.
He was arrested, charged, convicted and jailed.
In their plea, Mazibuko and his manager claimed that Ndlovu had borrowed the vehicle for use, adding that there was no payment agreed by the parties.
“The police and the courts carried out their constitutional duty without the influence of the defendants, investigations were done and the plaintiff was tried resulting in him being convicted. The agreement of sale produced at trial was never signed by the defendants and they deny the signature contained on the same. No payment was ever received for the said vehicle as the same was never subject of a sale agreement between plaintiff and 1st defendant,” Mazibiko argued.
Mazibuko and his manager said the averments made by Ndlovu were vague and embarrassing in that they did not in any way disclose how the alleged loss suffered by plaintiff was attributed to them and denied that they caused any loss to Ndlovu.
