adminMr Dawson is accusing Moyo of defrauding his firm, Nerry Investments, of Stand Number 1418 in Beitbridge.
Moyo was on Wednesday arraigned before the courts for allegedly defrauding Nerry Investments of an industrial stand in the border town by allegedly misrepresenting to the Registrar of Companies that he was sole owner of the piece of land.
Moyo (61), who owns Digilan Investments operating at Stand Number 1419 in Beitbridge, pleaded not guilty to fraud as defined in Section 136 (a) of the Criminal Law (Reform and Codification) Act,
Chapter 9:23, when he appeared before Beitbridge provincial resident magistrate Ms Gloria Takundwa.
In his defence, through his lawyer, Mr Brian Dube of Gundu and Dube Legal Practitioners, Moyo denied the allegations, saying he never misrepresented to the Registrar of Companies on any fact, arguing that the issue of ownership of Stand Number 1418 was not included in the registration of Digilan Investments.
He said the stand was his company’s address of service.
He also stated that he solely applied for the stand in question in his personal capacity from the Beitbridge Rural District Council and it was allocated to him. The lease was, however, put in the name of the company names allegedly at Dawson’s request.
Moyo further argued that despite that arrangement, he remained the legitimate owner of the disputed piece of land.
Moyo claimed that since Digilan Investments started operating they have been paying rates and rent to the local authority.
“Digilan Investments has been paying council rates and rent since its operation and never made any misrepresentations. Nerry Investment has never been prejudiced by the operation of Digilan Investments as it never used the stand.”
Moyo disputed claims by Mr Dawson that he was representing Nerry Investments as a complainant since there was no company resolution by directors to that effect.
He further claimed that Mr Dawson was only reacting as a cover up on his alleged illegal dealings which include an attempt to sell Stands Number 1418 and 1419 through the Internet which, however, stopped following the intervention of the Co-Minister of Home Affairs, Kembo Mohadi.
He was remanded out of custody to 19 June for the continuation of his trial.
The prosecutor, Mr Muchihwande Sithole, said on 22 July 2010, Moyo registered his company Digilan Investments through CIM Business Consultants (Pvt) Ltd, who are company registration facilitators.
The court heard that Moyo, who is also one of the directors of Nerry Investments, then allegedly defrauded the company of Stand Number 1418 by misrepresenting to the Registrar of Companies that he was the sole owner of the stand in question.
Soon after that, Moyo then went on to register Digilan Investments using Stand Number 1418 as the business address. The stand allegedly belongs to Nerry Investments.
The court heard that Moyo’s company, Digilan Investments’ Certificates of Incorporation reads Stand Number 1418 despite the fact that his company is operating from Stand Number 1419.
Mr Dawson is also involved in another legal battle with the minister over the ownership of Nerry Investment.
Minister Mohadi has been accused by Mr Dawson of forcibly taking over his Beitbridge company after he was allotted free shares in the firm.
Mr Dawson last week filed a High Court chamber application, Case Number HC1837/12, seeking to have the company liquidated and its directors, who include Minister Mohadi, divested.
Minister Mohadi, Moyo, Mr Dawson and the late Thenjiwe Lesabe hold 20 percent shares each in the company.
Online Reporter