THE $2,9 million lawsuit filed by a Harare businessman
against retired Police Commissioner-General Augustine Chihuri, whom he accuses
of impounding his five cars and changing ownership into his name, has taken a
new twist. It has emerged the businessman, Bigboy Pachirera, voluntarily
surrendered his vehicles to avoid criminal charges being laid against him.
In the litigation filed sometime in December last year,
Pachirera listed Chihuri, his wife Isabel and the couple’s company, Kidsdale
Enterprises, as respondents respectively.
However, according to a letter written in 2014 by the
businessman’s lawyers Mahuni Gidiri Legal Practitioners, Pachirera offered to
surrender his cars and property as settlement for the criminal charges that the
former police boss intended to pursue against him.
“Our client (Pachirera) has instructed us to approach you
in connection with this matter in which criminal proceedings have been
initiated against him by the company (Kidsdale Enterprises). It is in view of
this background that we write to seek your indulgence to have the parties
amicably resolve this matter through an out-of-court settlement,” Mahuni Gidiri
Legal Practitioners said.
“The basis being that our client has informed us that he
has had a working relationship with the proprietor of the company stretching
more than 15 years. Consequently, while some issues may exist, a holistic look
at the bigger picture will entail that through dialogue, the broken relations
can be mended and same can only be achieved should you approach this matter
from a compassionate perspective.
“We also wish to highlight that our client regrets whatever
it is that has transpired leading to this unfortunate situation and is indeed
remorseful. We propose that our client offers the following property as
settlement, namely, either (a) a motor vehicle being a Jeep Cherokee, 2011
model valued at $80 000, (b) an ML 350 CDI, valued at $160 000.”
The lawyers added: “It should be noted that the offer is
made willingly and it is hoped that a conclusive finality to this issue will
ensue and that the contemplated proceedings will be halted forthwith.”
Besides the letter from the lawyers, the businessman
himself also signed a cession agreement ceding rights to one of his properties
to Chihuri’s company.
The cession agreement read: “I, Bigboy Pachirera, do,
hereby, cede my rights and obligation in respect of the following property to
Kidsdale (Private) Limited namely: immovable property being a certain piece of
land measuring 448 square metres, situated in the District of Salisbury being
Stand Number 3853 Highfield Township inclusive of a structure built thereupon.
Referred to Deed of Transfer Number 9658/2003….”
However, Pachirera dragged the former police boss to
court,accusing him and his family of seizing his property while using his
influence as a Commissioner-General of Police.
The matter is still pending. Newsday
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