Hotplate Grillhouse, which operates a canteen at Manhize, has had its properties attached by the Sheriff of the High Court over a US$27,000 debt owed to former police commissioner Oliver Chibage, who supplied chicken birds.
Chibage, who is being represented by Brian Kashangura, sued Hotplate Grillhouse and its director, Benson Muneri, after they failed to clear the payment by November 30 this year, despite an agreement having been reached to settle the long-outstanding amount.
Chibage, who owns Jola Chickens, supplied hundreds of chickens, cabbages, tomatoes, slaughtered ox, ox hooves, an ox head, liver and offals to the Dundon Iron and Steel Company canteen in Manhize, Mvuma, which is operated by Hotplate Grillhouse.
According to the summons, after receiving the goods in June this year, the company neglected to pay.
After being served with summons, Hotplate Grillhouse claimed the goods and birds supplied were substandard.
In court papers, Hotplate Grillhouse submitted that although the meat was delivered, it was not done in accordance with the agreement between the parties.
They argued that Jola Chickens used non-refrigerated transport to deliver the meat and by-products, resulting in the goods being substandard and going bad.
Hotplate Grillhouse further argued that the deliveries were not done in accordance with the law and demanded strict proof from Jola Chickens.
They also submitted that Jola Chickens failed to produce clearance letters required by law and by the agreement between the parties, and supplied substandard meat unfit for human consumption.
Jola Chickens, however, castigated Muneri, saying that as a director he has a duty of care to act in good faith, with the skill and diligence of a reasonably prudent person in his position, and to make informed decisions and diligently oversee the business.
They submitted that Muneri had been part of the agreement from the onset, oversees daily operations of the business and authorises payments, adding that there is communication between Jola Chickens and him to that effect.
They argued that the goods-received vouchers issued by Hotplate Grillhouse speak for themselves, as they do not state any delivery irregularities, describing Hotplate’s claims as a bare denial and an afterthought.
They further submitted that Hotplate Grillhouse never raised any issues at the time the deliveries were made, calling the new claims disgraceful and dishonourable, as the vouchers do not reflect such concerns.
However, in a deed of settlement signed by Mabhuru and Ndhlovu Law Chambers—lawyers for Jola Chickens—and Zinyengere Rupapa Legal Practitioners, the parties agreed that Hotplate Grillhouse would pay US$4,509.50 per month with effect from October 31, 2025, until the full amount is settled, and would pay interest of 10% on the outstanding balance.
Hotplate Grillhouse failed to honour the agreement, leading to the Sheriff’s attachment.
