Online Reporter
Nyore Madzianike
THE High Court has thrown Harare Municipal Medical Aid Society (HMMAS) chief executive officer Mr Gailord Chibindi under the bus over his testimony during a civil hearing, where his society was demanding a refund and cancellation of an agreement of sale, describing it as least credible, marked by exaggeration and hyperbole.
HMMAS approached the High Court seeking a US$138 000 refund and the cancellation of an agreement to purchase Fortress Hospital located in Ruwa, Harare.
The hospital was owned by imprisoned Munyaradzi Kereke and his private company, Briward Trading (Pvt) Limited.
HMMAS was also requesting a declaratory order confirming the cancellation of the sale agreement.
The society also sought a declaratory order for the full purchase price of Fortress Hospital, which remains registered in Briward Trading’s name. Kereke and Briward Trading were named as defendants in the case.
High Court Judge Justice Joseph Mafusire dismissed HMMAS’ claims with costs, characterising the suit as “manifestly opportunistic.”
During analysis of witness testimonies, Justice Mafusire concluded that Chibindi’s testimony was marked by exaggeration and hyperbole.
In the judgment, Chibindi’s name was misspelled as Gaylord Chidhindi.
He testified that an agreement signed on August 21, 2023, was induced by fraud and duress from Kereke.
Chidindi claimed that Kereke had threatened him and other board members with a gun during one of their meetings.
Chibindi also alleged that Kereke nearly ran over the late Mr Puzo with his Ford vehicle.
However, he later admitted that none of Kereke’s alleged threats or acts of violence had been reported to the police.
Justice Mafusire stated: “Analysis of the evidence of the plaintiff’s witnesses who testified on the fraud and duress allegedly by the first defendant, Chidhindi was the most belligerent.
“But with all due respect, he was the least credible. His evidence was spiced with exaggeration and hyperbole.
“Outstanding in this regard were his gratuitous claims that on one occasion the first defendant wielded a gun and threatened to shoot all such members of the plaintiff’s board as were opposed to the 31 August 2023 agreement. He also claimed that on another occasion, the first defendant tried to run over the late Mr Puzo with his Ford Motor vehicle.
“In his exuberance, Chibindi made veiled references to, or insinuations of the first defendant’s ability to use occult powers of the netherworld to cause death to the living.
“Of course, he did not use such words, but this is deductive reasoning.
“He testified that on one occasion the first defendant advised the board chairman to protect the members of his board because they were prone to die from accidents, poison or gun shots.”
Justice Mafusire pointed out that Mr Puzo died during the negotiations for the sale of Fortress Hospital.
“As a matter of fact, Mr Puzo died at the pith of the negotiations. According to Chidhindi, this death occurred a week or two after the first defendant’s nether threats aforesaid.
“If Chidhindi’s evidence is discounted for exaggeration and hyperbole, as it ought to be, there will be nothing left of it,” he said.
The judge noted that Kereke was skilful in demonstrating that Chibindi was lying during cross-examination, despite representing himself during the hearing.
He emphasised that Chibindi was well aware of all the documentation related to the agreement due to his involvement with the parties engaged in the negotiations. “The first defendant, whose cross-examination of witnesses was quite skilful, managed to show that Chidhindi’s evidence was false,” he said.
Justice Mafusire also noted that Chibindi conceded that despite the alleged threats of violence, none were reported to the police, and no other witnesses corroborated his claims.
Kereke denied ever owning a gun or a Ford vehicle.
“It is the finding of this court that Chidhindi’s evidence is unworthy of belief,’’ he said.
“It is also the finding of this court that the plaintiff’s cause of action in its entirety is extremely contrived.
“No fraud has been proved. No elements of misrepresentation as would have induced the signing of the 31 August 2023 have been shown,” he said.
