Former police Commissioner Oliver Chibage is embroiled in a fierce legal battle to recover a US$27,000 debt owed to him by Hotplate Grillhouse

At the heart of this dispute is a shipment of chickens, and other farm produce, which were supplied by Chibage’s Jola Chickens to a canteen operated by Hotplate Grillhouse at the Dinson Iron and Steel Company, in Manhize.

Despite delivering hundreds of chickens, along with cabbages, tomatoes, and even an ox head, the former police Commissioner 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 reached the courtrooms of Mvuma resident magistrate Patricia Gwetsayi, who reserved her ruling until tomorrow, leaving both sides on edge.

The drama escalated when Hotplate Grillhouse’s properties were seized by the Messenger of Court in an effort to clear the debt.

But what seemed like a step toward resolution took a sharp turn when a company called Canary Wharf Zimbabwe, fronted by businessman Cleopas Mugomba, stepped in to claim ownership of the attached property.

The move triggered an interpleader application, a legal mechanism that forces the court to decide who truly owns the disputed assets.

Chibage’s lawyer, Brian Kashangura, minced no words in his fiery opposition to the interpleader application, accusing Mugomba and Hotplate Grillhouse’s director, Benson Muneri, of allegedly colluding to frustrate the court’s orders.

“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.

“These documents have no legal effect,” he declared.

“They don’t even meet the standard of a receipt.”

He further pointed out that the lease agreement Mugomba cited as proof of his company’s ownership was only executed on August 1, last year, 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.

But Mugomba, through his lawyer Tatenda Kabasa, defended the lease agreement, claiming it was legitimate and 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, insisting that the burden of proof lay squarely on Mugomba’s shoulders, and that he had failed to meet it.

The origins of this bitter dispute paint a vivid picture of broken trust and unmet obligations.

Chibage, known for his thriving poultry business, supplied Hotplate Grillhouse with a bounty of fresh produce in June last year.

But, instead of prompt payment, he received excuses.

Hotplate Grillhouse later claimed the goods, particularly the meat, were substandard, alleging they had been delivered using non-refrigerated transport and lacked the necessary clearance letters.

Chibage’s lawyer dismissed these claims as baseless.

“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.”

They 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.

A deed of settlement signed in October last year seemed to offer a glimmer of hope.

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, the stakes remain high.

If Mugomba cannot prove ownership of the attached property, the interpleader claim will be dismissed, and the Sheriff will proceed with the sale to recover Chibage’s money.

For now, the former police commissioner waits, determined to see justice being delivered.

“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’s owed.

H-metro