Harare lawyer’s matter deferred

Prosper Dembedza Herald Correspondent

The matter in which Harare lawyer Norman Mugiya is facing allegations of converting money given to him by his client to pay the Sheriff at the High Court to execute an award order has been postponed to November 6.

Mugiya was facing theft of trust property when he appeared before Harare Magistrate Ms Ntombizodwa Sibanda.

The complainant is Nyarai Chinguruwe of Mufakose in Harare.

It is the State’s case that sometime during 2017, Chinguruwe engaged Mugiya’s legal services and instructed him to recover her late husband’s back log salary amounting to US$2 175 from Kingstons (PVT) LTD where he was employed before his death.

The court heard that Mugiya won the court order under High Court case number 7676 17. In a quest to recover the aforementioned back log salaries, stationery of an undisclosed value was attached as per removal assessment form dated November 9, 2018.

It is alleged that Mugiya then made the complainant pay fees amounting to US$540 which was required by the Deputy Sheriff for the execution of property against Kingstons P/L.

The court heard that on July 24, 2018, Chinguruwe paid to the accused the said amount and was issued with a receipt number 2045 dated 24 July 24, 2018.

Mugiya then asked Chinguruwe to supply her with banking details where proceeds from the auction of the stationery would be deposited.

Chinguruwe supplied banking details where the funds would be deposited.

After passage of time, Chinguruwe noticed that no funds were deposited into her bank account. She proceeded to the High Court where she was told that she did not pay the required removal fees of US$540.

Investigations revealed that the said property was attached but was not removed as the complainant had not paid removal fees.

A comment from Judicial Service commission was requested and confirmed that the money was not paid.

The state alleges that Mugiya unlawfully and intentionally collected payment amounting to US$540 from Chinguruwe.

The total value stolen is US$540 which was not recovered.