BULAWAYO-BASED Zanu PF official Joseph Bakuru Tayali and a Gweru cop an Assistant Inspector Kamutingondo have been ordered to compensate a Gweru man, Lloyd Garikai Ndangariro, for wrongful arrest over accusations of stealing 5kg of gold worth $250 000.
SILAS NKALA STAFF REPORTER
Tayali is a prominent miner in the Shangani area.
In May last year, Ndangariro filed an application at the Bulawayo High Court seeking an order compelling Tayali and Kamutingondo to pay him $112 000, being refund for money collected from him as exhibit by the police officer and damages.
He cited Tayali as the first defendant and Kamutingondo as the second. However, the two failed to enter an appearance to defend their case. Bulawayo High Court judge Justice Maxwell Takuva last Thursday ruled that Ndangariro was claiming $12 000 cash taken from him as an exhibit, interest at the prescribed rate up to date of full payment of claims and $100 000 cash payment in damages.
He said both defendants had failed to enter appearance to defend themselves.
“When the matter was placed before me in motion court, I directed that the applicant (Ndangariro) must file heads of argument to prove his claims for damages,” Justice Takuva ruled. “Applicant did so and claimed $12 000 cash recovery; interest at prescribed rate, $100 000 cash payment in damages and full cost of suit.”
Justice Takuva said he understood that the defendants were served with summons, but chose not to enter appearance to defend.
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“There is therefore nothing before this court that contradicts the applicant’s wish,” he said. “Be that as it may, the court feels for reasons given above that on the facts of this case, applicant’s claims are too high.
Accordingly it is ordered that the defendants shall jointly and severally, the one paying the other, to be absolved pay to the plaintiff the sum of $8 000 as damages for unlawful arrest and detention, $12 000 unlawfully seized from applicant up to his unlawful arrest, $2 000 for impairment of dignity.
“Total claim of $22 000 together with interest thereon at the prescribed rate from the date of the summons to the date of payment in full must be paid.”
The facts of the claim were that on August 28 2012, Tayali approached Ndangariro alleging that he had stolen his 5kg of gold worth $250 000.
Kamutingondo of ZRP Main Camp in Gweru arrested Ndangariro on the same day and took him to the Criminal Investigations Department offices at Development House along 7th Street in the city.
Kamutingondo then searched him and seized $12 000 on him indicating that the money would be used as an exhibit against him.
On September 19 2012, Ndangariro was taken to the Gwanda Police Minerals Unit and formerly charged for theft of gold.
On November 15 2012, the area public prosecutor in Gwanda declined to prosecute saying Ndangariro was being subjected to malicious prosecution.
The breakdown of part of the claims state that Ndangariro wanted $10 000 for humiliation of his subordinate by Kamutingondo, $10 000 for impaired dignity, $40 000 for unlawful arrest and detention, $12 000 recovered as exhibit from him, $10 000 loss of business and other costs that were for the suit.
“The actions of the two defendants intentionally violated my dignity. My feeling of dignity and self-respect was greatly violated,” Ndangariro submitted.
