The first respondent, Ezekiel Masamvu, had hiS sugar packaged in Portuguese inscribed satchels seized by first appellant’s officers. Both respondents appeared at Mutasa Magistrates Court for criminal charges of being found with goods not duly accounted for, the state had abandoned the original charge of smuggling in respect of first respondent, the state also charged first respondent herein with s 4 (1) (b) (ii) as read with s 5 of the Food and Food Standards Act [Chapter 15:04], for false description of goods.
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On 10 January 2020 the respondent filed an exparte application for a spoliation order at Mutare Provincial Magistrate’s Court on the basis that on 6 January 2020 the current appellants had ordered their employees to invade a commercial stand housing a service station where the respondent was the tenant and operator. Respondent attached a lease agreement to his application dated 14 March 2019. When the respondent’s employees invaded the service station they disjointed fuel pump units, parked a truck in front of a diesel fuel tank blocking the current respondent’s deliveries. On 9 January appellant’s staff allegedly repossessed the service...
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