MVUMA — A bitter commercial dispute centered on unpaid chickens and farm produce has escalated into a fierce legal showdown involving former police Commissioner Oliver Chibage, who is battling to recover a significant debt of US$27,000 owed to him by the popular eatery brand, Hotplate Grillhouse.
The origins of this conflict paint a vivid picture of broken trust and unmet obligations in the local business sector. Chibage, who runs a thriving poultry business known as Jola Chickens, supplied a bounty of fresh produce to a canteen operated by Hotplate Grillhouse at the Dinson Iron and Steel Company in Manhize back in June of last year.
At the heart of this dispute is a massive shipment that included hundreds of chickens, alongside cabbages, tomatoes, and even an ox head. However, instead of the prompt payment expected for such a delivery, the former top cop received little more than excuses. Despite delivering the goods in good faith, Chibage is still waiting for his payment, and the road to justice has been anything but smooth.
On Friday, the tangled mess of claims and counterclaims finally reached the courtrooms of Mvuma resident magistrate Patricia Gwetsayi. After hearing arguments from both sides, she reserved her ruling until tomorrow, leaving the feuding parties on edge as they await the outcome.
The drama escalated significantly when the Messenger of Court moved to seize properties belonging to Hotplate Grillhouse in an effort to clear the outstanding debt. But just when it seemed like a step toward resolution was being taken, the case took a sharp and unexpected turn. A separate company called Canary Wharf Zimbabwe, fronted by businessman Cleopas Mugomba, stepped in to claim ownership of the attached property.
This sudden intervention triggered an interpleader application, a specific legal mechanism that forces the court to pause and decide who truly owns the disputed assets before they can be sold to recover debts.
Brian Kashangura, the lawyer representing Chibage, minced no words in his fiery opposition to this new application. He accused Mugomba and Hotplate Grillhouse’s director, Benson Muneri, of allegedly colluding to frustrate the court’s orders and avoid paying what is owed.
“This is nothing but a façade,” Kashangura argued, his voice echoing through the courtroom. “The claimant has failed to produce credible evidence to establish ownership of the attached furniture. What we have seen are bald assertions, not proof.”
Kashangura tore into the so-called electronic documents Mugomba submitted as evidence of payments, dismissing them as meaningless in the eyes of the law.
“These documents have no legal effect,” he declared. “They don’t even meet the standard of a receipt.”
He further pointed out a suspicious timeline regarding the lease agreement Mugomba cited as proof of his company’s ownership. Kashangura noted that the document was only executed on August 1 last year. This was long after Chibage had already supplied the goods and filed his summons on July 29.
“This lease agreement is clearly an afterthought, a desperate attempt to shield their property,” Kashangura said.
However, Mugomba, represented by his lawyer Tatenda Kabasa, defended the lease agreement. He claimed it was legitimate and insisted that Hotplate Grillhouse had no ownership rights over the property in question. Kabasa argued that the debtor was merely leasing the equipment and had been making regular rental payments.
Still, Kashangura remained unrelenting. He insisted that the burden of proof lay squarely on Mugomba’s shoulders and that he had failed to meet it.
Previously, Hotplate Grillhouse had attempted to justify non-payment by claiming the goods were substandard. They alleged the meat had been delivered using non-refrigerated transport and lacked the necessary clearance letters. Chibage’s lawyer dismissed these claims as baseless, noting that the paperwork at the time of delivery told a different story.
“The goods-received vouchers issued by Hotplate Grillhouse speak for themselves,” he argued. “Nowhere do they reflect any delivery irregularities. These claims are nothing but a bare denial, a disgraceful afterthought.”
The legal team also pointed out that Muneri, as the company’s director, had personally overseen daily operations and even authorised payments, making it ridiculous for him to now feign ignorance of the agreement.
There had been a glimmer of hope previously. A deed of settlement signed in October last year seemed to offer a path forward. The agreement required Hotplate Grillhouse to pay US$4,509.50 per month, with 10% interest on the outstanding balance. Yet, true to form, the company failed to honour the deal, forcing Chibage to turn to the Sheriff for help.
As the clock ticks towards tomorrow’s ruling, the stakes remain incredibly high. If Mugomba cannot prove ownership of the attached property to the magistrate’s satisfaction, the interpleader claim will be dismissed. This would allow the Sheriff to proceed with the sale to finally recover Chibage’s money.
For now, the former police commissioner waits, determined to see justice being delivered after months of frustration.
“This is about more than just money,” his lawyer said outside the courtroom. “It’s about integrity. When you make an agreement, you honour it. That’s the principle my client has lived by his entire life, and he won’t stop now.”
Whether Chibage’s perseverance will pay off remains to be seen. But one thing is certain – the battle over birds has become a test of character, resilience and the lengths one man will go to fight for what he is owed.
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