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I don’t owe Hammer & Tongues a cent, says Mangwana
Daniel Nemukuyu: Senior Court Reporter
FORMER Cabinet minister Munyaradzi Paul Mangwana (pictured right) says the $14 950 suit filed against him by Hammer & Tongues Real Estate does not hold water because he has already paid the debt claim in full. Mr Mangwana, who is legislator for Chivi Central, bought a Glen Lorne property through an auction conducted by Hammer & Tongues for $260 000 but the auctioneer claims the politician did not pay commission to the tune of $14 950.However, Mr Mangwana told The Herald that he does not owe Hammer & Tongues a cent because he paid the money in full to Decorback Properties by June this year. Decorback, according to Mr Mangwana, acted as an agent for Hammer & Tongues.
Throughout the transactions leading to the sale of the property, Hammer & Tongues only appeared in the papers but Decorback was at the forefront as its agent.
On completion of the transaction, Decorback demanded 5 percent commission plus Value Added Tax, an amount that was transferred into the company’s bank account.
Three weeks after payment of the money, Hammer & Tongues approached Mr Mangwana demanding the same amount of $14 950.
Hammer & Tongues indicated that it had nothing to do with Decorback and this month issued summons against Mr Mangwana and his wife Pauline claiming the money.
Mr Mangwana said the payment was made under the impression that the two firms were working together.
“Decorback Properties demanded payment from us, see attached Annexure C, one of the letters of demand from Decorback Properties.
“We released payment to them in the form of a transfer to their bank account on the assumption they were agents acting on behalf of Hammer & Tongues. We were baffled to be visited by Hammer & Tongues who were demanding commission, the same amount as that was claimed by Decorback Properties.
“We directed Hammer & Tongues to resolve the issue with Decorback Properties since they were acting as agents of Hammer & Tongues,” reads part of Mr Mangwana’s letter dated July 18 2016.
Hammer & Tongues is claiming $14 950 plus interest to be calculated at the prescribed rate of 5 percent per annum from the date of the issuance of summons to the date of payment in full.
The auctioneer also wants Mr Mangwana to be compelled to pay costs of the suit on a higher scale.
According to the plaintiff’s declaration, the Sheriff of the High Court sold in execution Stand No. 2157 to Mr and Mrs Mangwana in December 2015.
The piece of land measures 4 696 square metres.
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