MDC senator and party deputy national chairperson Morgen Komichi has dragged Zanu PF politician and former Information minister Webster Shamu’s company to court for allegedly selling diesel mixed with water.
In the matter, which is being heard before the Harare Magistrates’ Courts, Komichi is demanding over $5 000 in compensation.
According to court papers, Webcon Petroleum Service Station, which trades as Puma Energy and Tafadzwa Magonziwa are cited as the respondents.
The court heard that Komichi went to Shamu’s service station, which is along the Harare-Bulawayo highway, driving his Ford Ranger intending to refuel on September 17, last year.
“Plaintiff (Komichi) requested that his motor vehicle be filled with diesel to the full. Plaintiff paid $77 for 66,4 litres of diesel.
“2nd defendant (Magonziwa) misrepresented to plaintiff that what he was putting in plaintiff’s motor vehicle was pure/real/proper diesel when in fact it was diesel mixed with water,” Komichi said in his particulars of claim.
Komichi, who is represented by lawyers from Mbidzo, Muchadehama and Makoni Legal Practitioners, accused Magonziwa of negligently pouring diesel mixed with water into his car.
At all times 2nd defendant was acting in the course and within the scope of his employment with first defendant and thus, first defendant is vicariously liable.
“As a result of the defendants’ actions, plaintiff’s motor vehicle upon being driven stalled,” he said.
Komichi further claimed that his car was later towed to a garage and he paid $90. He further claims that he paid
$5 228 to have the car fixed.
“Defendants are therefore liable to plaintiff in the sum of $5 228 and $90, which despite demand defendants have failed, neglected and refused to pay,” he said.
He has however, since amended his claim to
In its defence, the company challenged Komichi to prove ownership of the said car and to show that he bought the fuel from defendants’ service station.
The company further denied being the owners of the diesel.
“Defendants will state they stored diesel which was up to standard in terms of the specifications and is simply an agent. Defendants are not the owners of the diesel.
“Consequently, plaintiff has instituted proceedings against the wrong party,” the firm represented by Venturas and Samukange Legal Practitioners said.
The matter is still pending before the court.