The late Zimbabwean ambassador Johannes Tomana has lost his Supreme Court appeal in a legal battle with Tian Ze Tobacco Company over a US$114,749.80 debt for farming inputs.
The court upheld a previous High Court ruling that favored Tian Ze, reaffirming an arbitral award in the company’s favor.
Tomana, a commercial tobacco farmer, had entered into contracts with Tian Ze between 2008 and 2012. However, he failed to produce the agreed quantity of tobacco and clear his outstanding debts, leading to a debt of US$114,749.80 by June 2015. The matter went to arbitration, where Tian Ze was awarded the amount owed.
Following the High Court’s dismissal of his attempt to overturn the arbitral award, Tomana appealed to the Supreme Court. He argued that the High Court had partially set aside the award in error and contended that the award was not severable. He also claimed that Tian Ze’s debt claim had expired under the legal prescription period.
The Supreme Court ruled that Reuben Tomana, Johannes Tomana’s brother and farm manager, should not have been considered a principal party in the arbitration. The court agreed with the High Court’s decision to remove Reuben from the award as a co-debtor, acknowledging that he had acted solely as an agent for Johannes.
Additionally, the court determined that the acknowledgment of the debt by Reuben had interrupted the prescription period, thereby validating Tian Ze’s claim. As a result, the appeal was dismissed, and the original arbitral award against Johannes Tomana was upheld.