Georgias, case of delayed justice

Court Reporter
THE high Court in Harare has postponed for the sixth time the hearing in the matter between Harare businessman and former Deputy Minister Aguy Georgias and one Russell Karimazondo, in which the latter allegedly fraudulently forged Georgias’ signature in order to guarantee credit with mobile telephone operator, Telecel Zimbabwe.

Sitting in Chambers with lawyers representing the interested parties on Monday, High Court judge Justice Zhou allowed the postponement to a date yet to be announced. This followed an application for postponement once again by Russell’s lawyers Mr Zvinavakobvu of Mutamangira and Associates this time on grounds that their client was unwell and had gone for treatment in South Africa and was, therefore, not able to attend court. The hearing has been pending since 2011.

At the centre of the dispute between Georgias and Russell Karimazondo is an agreement entered into between Trinity Engineering, owned by the former senator and deputy minister, and Maxifix, a company owned by Russell Karimazondo and whose business is the wholesale and retail of cellular airtime re-charge cards.

With the agreement Senator Georgias sought to support and assist Russell, his estranged son, with his business venture by providing security for a roll-over facility granted by Telecel to Maxifix through which Telecel would provide air-time cards to Maxifix on monthly credit guaranteed by a mortgage bond over Trinity Engineering’s property.

However, things did not pan out as earlier envisaged. The agreement provided for certain conditions to be met between Trinity Engineering and Maxifix before it could be consummated.

For the bond over Trinity’s property to be registered, it had to be signed for by Georgias, who did not do so. It is alleged that when Russel Karimazondo could not get Georgias to sign, he allegedly forged his signature in order that the bond be registered.

In the court application Senator Georgias is seeking the release of his property mortgaged by Telecel. He also argues that he did not even give anyone the power of attorney to sign for the registration of the bond. A large part of Maxifix’s indebtedness to Telecel, for which a consent order has been signed between them, however, precedes the agreement between Trinity Engineering and Maxifix and should not therefore be covered by the fraudulently obtained Trinity bond.

Asked to comment, all Georgias could say is that he feared that “Justice delayed could be justice denied,” but however expressed confidence in the justice system.

He believes it is Russell employing tactics to delay the hearing as he keeps asking the court for postponement whenever a hearing date is set.

At Monday’s hearing, Georgias’ lawyer, Mr Motsi of Motsi and Associates forcefully argued that there should not be any further postponement of the hearing. The High Court will, however, advise the litigants of a new date for the hearing.