HARARE – Banker Patterson Timba has filed a lawsuit against prominent businessman Mr Jayesh Shah claiming malicious prosecution damages to the tune of US$100 000.
Mr Timba claims Mr Shah caused his arrest four years ago on a purely civil issue and he suffered damages as a result of the ‘malicious prosecution’.
He is claiming US$50 000 for the embarrassment he suffered while trying to defend the fraud charges. Mr Timba wants US$20 000 for the legal costs he incurred in engaging lawyers to defend the fraud charges.
An additional US$30 000 is for the anguish caused by Mr Shah to Mr Timba during the period in question, leaving the total claim at US$100 000. Mr Timba is also claiming costs for the current legal proceedings he instituted.
In the summons filed at the High Court on June 21 by Mr Timba’s lawyers Mambosasa Legal Practitioners, in 2009, Mr Timba borrowed US$5 million from Mr Shah.
In 2011 , Mr Timba said, Mr Shah instigated the police to institute criminal proceedings against him over non-payment of interest running into millions of dollars. The said action, according to Mr Timba, was done without reasonable and probable cause.
“The malicious prosecution was instituted on a matter, which should have been a civil matter in order to force the plaintiff to pay usurious interest,” read part of the plaintiff’s declaration. Mr Timba successfully excerpted to the criminal charge and the court upheld it.
The charge was then quashed, and Mr Timba was freed. Mr Shah is yet to file his opposing papers in the lawsuit filed under High Court Number 4944/13.