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Bulawayo Bureau
Bulawayo High Court judge Justice Maxwell Takuva yesterday ordered senior partners at the now defunct Cheda & Partners Legal Practitioners, Sindiso Shephered Mazibisa, Mlamuli Ncube and Nqobizitha Ndlovu, to reimburse a South African-based businessman more than $335 000.
The trio conned Titus Ncube of the $335 536, 55, being money for deposit for mining company shares. Ncube had made the payment on behalf of a company in which he is a director, Southwest Gold (Pvt) Ltd.
The company shares were being sold by Gugulethu Dube, a client of the respondents. In the court papers, Southwest Gold (Pvt) Ltd is cited as the applicant while Mazibisa, Ncube and Ndlovu are the respondents.
Justice Takuva yesterday ruled in favour of Southwest Gold (Pvt) Ltd and directed Mazibisa, Mlamuli Ncube and Ndlovu to pay the applicant the sum of $335 536,55.
He also ordered the respondents to pay the cost of the application on the attorney-client scale.
Job Sibanda of Job Sibanda & Associates represented Southwest Gold (Pvt) Ltd.
Justice Takuva said the trio under their law firm, Cheda & Partners Legal Practitioners, were asked by Southwest Gold (Pvt) Ltd and one Gugulethu Henrietta Dube, to draw up an agreement of sale of certain company shares that were being sold by Dube. Dube is a client of the respondents.
An agreement was then crafted on February 8, 2013. On March 19, 2013, Southwest Gold (Pvt) Ltd through Titus Ncube who represented its directors, deposited in terms of the agreement $335,536,55 to the trust account of Mazibisa, Mlamuli Ncube and Ndlovu.
Dube failed to deliver the shares resulting in the cancellation of the agreement between applicant and Dube.
Southwest then demanded a refund of the money it paid to the respondents which they failed to pay.
The respondents, through Mazibisa, thereafter made several written undertakings to refund the amount. Notwithstanding these promises, respondents failed to do so, prompting Southwest Gold (Pvt) Ltd to institute legal proceedings.
The applicant was claiming payment of the part deposit in the sum of $335, 536,55 paid into the trust account of respondents pursuant to the written agreement of sale.
In his ruling, Justice Takuva attacked Mazibisa for ignoring “acknowledgements of debt” that he authored on behalf of the respondents.
Mazibisa had, in his opposing papers, argued: “Gugulethu Henrietta Dube has made adequate plans and arrangements assisted by myself to clear off the purchase price outside the four corners of the agreement sale.”
Justice Takuva said: “This is not a defence at all, let alone a bona fide one. I say so for the simple reason that Mazibisa surprisingly does not say anything about the acknowledgements of debt that he authored on behalf of the respondents.
“Clearly, there is no triable issue here and not surprisingly first respondent (Mazibisa) has not said what issue it is he wants tried. Apart from waffling in his opposing affidavit, Mazibisa has totally failed to allege facts which disclose a plausible de- fence.”
Mlamuli and Ndlovu had argued in their opposition papers that appointment of Titus Ncube to appear on behalf of Southwest Gold (Pvt) Ltd was de- fective.
They also argued that Titus Ncube had not averred that he could swear positively to the facts.
Mlamuli and Ndlovu said they paid the money to Dube who was the owner of the money.
Justice Takuva expressed shock from the two’s defence.
Cheda and Partners ceased operating on May 15.
Online Reporter