Cattle Ownership Society Members’ Association (COSMA), which allegedly lost over $8 million in a botched cattle ownership scheme, has won an order to include the firm’s director Marvellous Shumba in the on-going civil suit before the High Court.
BY CHARLES LAITON
COSMA filed summons against the Cattle Ownership Society seeking an order to compel it to pay $8 000 710 after failing to deliver cattle in accordance with an agreement, but Shumba, one of the directors of the scheme, was not included.
High Court judge Justice Benjamin Chikowero presided over the matter on Wednesday and issued an order in favour of COSMA.
“The application for joinder be and is hereby granted. The second respondent (Marvellous Shumba) be and is hereby ordered to be joined to the proceedings in case number HC7098/19 as the second defendant,” Justice Chikowero ruled.
“The applicant (Cattle Ownership Society Members’ Association) COSMA in this matter who is the plaintiff in case number HC7098/19 be and is hereby ordered to serve summons and declaration in case number HC7098/19 on the second respondent through the sheriff of Zimbabwe within 10 days of granting of this order. There shall be no order as to costs.”
Through their lawyers, Messrs Madanhi, Mugadza and Company Attorneys, the association’s chairperson, Patson Chivaura said the members were the beneficiaries of the cattle ownership scheme under which they registered and made contributions of an agreed amount pending an entitlement to own cattle commensurate with each member’s contributions.
In the earlier application, the association members said after making the required contributions to the Cattle Ownership Society, they made claims for the allocation of cattle in terms of the trust deed, but the society failed, neglected and or refused to pay in terms of the promises made.
“In spite of the fact that their contributions were up to date and that the defendant (Cattle Ownership Society) actually acknowledged receiving the payments, the defendant has failed to honour the agreement,” Chivaura said.