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Fidelis Munyoro-Chief Court Reporter
A MAN from Harare, Tawanda Bondamakara, has been ordered to pay back US$215 000, or the equivalent in local currency at the interbank rate of exchange on the date of payment, to Rumbidzai Bushu after selling her a non-existent stand.
Bushu took Bondamakara to the High Court, seeking an order for US$203 000 plus interest at 5 percent per month from May 1, 2021, and costs on an attorney and client scale, meaning Bondamakara must pay the lawyers needed to extract the order from him.
This is a civil action.
There was also a criminal complaint on the matter, that is in theory live, but Bondamakara has been removed from remand.
It turns out Bondamakara had acknowledged the debt in May 2021, agreeing to pay $215,000 plus interest at 5 percent per month.
He had also promised to clear the debt in monthly installments of $20 000 starting May 31, 2021, and even offered to hypothecate a 5,000-square-metre piece of land under parent deed 3413/73 once the paperwork was finalised by his lawyers, Zuze Law Chambers.
Justice Paul Musithu granted the provisional order sought by Bushu and found Bondamakara’s defence to the claim implausible.
“The defendant (Bondamakara) shall pay the plaintiff (Bushu) an amount equivalent to US$203, 000 in local currency at the prevailing interbank rate on the date of payment… at the agreed rate of 5 percent per annum from 1 May 2021 to the date of payment in full.”
In his ruling, Justice Musithu noted that Bondamakara did not deny that he signed the acknowledgment of debt only contending that he signed the document under duress, a fear of arrest and incarceration.
But the judge found that the acknowledgment of debt was signed on May 7 2021 when a criminal complaint had long been lodged against him in February.
It was on that basis that Justice Musithu found that Bondamakara’s version of events sounded fanciful and more like a fairy tale.
At the time of making the payments, Bondamakara had already been arrested on charges of fraud.
His last two payments were made in 2023, almost two years after the criminal complaint had been made, and after the signing of the acknowledgement of debt.
“There is nothing to suggest that by the time the said payments were made, the defendant was under any pressure at all,” said Justice Musithu, finding that when the present claim was made, Bondamakara was just content with responding to the claim.
“He did not consider it necessary to challenge the acknowledgment of debt that left him saddled with such a huge financial burden. It is for the foregoing reasons that the court determines that the plaintiff’s claim is unassailable and must succeed. The defendant’s story is scarcely credible and highly implausible.”
To his defence, Bondamakara attached to the opposing affidavit two charge sheets and an outline of the State case, containing two counts of fraud with himself as the accused person.
The allegations were that he had made some representations to Bushu that he was selling vacant industrial stands, which turned out to be false, thereby causing financial prejudice to Bushu.
Bondamakara also alleged that despite signing the acknowledgement of debt, he was still arrested in September 2021 after refusing to pay the acknowledged amount. He claimed to have been released on bail under CRB No. 8627/2 and subsequently removed from further remand in January this year but the criminal matter remained pending.
The High Court’s ruling is a significant victory for Bushu, and it is clear that Bondamakara’s actions were deemed unacceptable by the court.
Online Reporter