Law firm sues Kurotwi

failing to pay legal fees amounting to US$282 000.
Chikumbirike and Associates, who represented Kurotwi in the criminal case up to the death of Mr George Chikumbirike in May last year, have filed a claim for the outstanding fees at the High Court.
The law firm is also claiming interest at the rate of five percent from the date of issue of summons to the date of payment in full.
The matter had been set down for provisional determination on Wednesday but Justice Ben Hlatshwayo deferred the matter to August 22 to allow the law firm to attend to its papers.
Kurotwi has since engaged the services of Ms Beatrice Mtetwa of Mtetwa and Nyambirai in defending the fraud case and the same lawyer is representing him in opposing the civil claim by Chikumbirike and Associates.
According to Chikumbirike and Associates, Kurotwi owes them US$282 179, 41 for the Canadile Mining civil cases and the ongoing US$2 billion fraud case.
Mr Chikumbirike who was representing Kurotwi in the cases died in May last year and by that time the businessman had already signed an acknowledgement of debt for US$282 179, 41.
According to the acknowledgement of debt agreement signed on February 7 last year, Kurotwi was to clear the bill in installments but there was no specific timeframe.
In his opposing affidavit Kurotwi argues that the acknowledgement of debt did not state the timeframe for payment and that it cannot be concluded that he defaulted any installments.
“The acknowledgement of debt relied upon clearly shows that the amount in question related to an amount that would have been payable in installments.
“The installments were not precisely set out because it was not known when I would commence paying the installments and what the quantum of these would be.
“The acknowledgement related to fees yet to be incurred as it had been agreed that Mr Chikumbirike would charge a total of US$300 000 for both the criminal case and civil matter under HC8410/10.
“It therefore cannot be said that I have defaulted on the installments and even if the work had been done, I deny that the entire amount would have been due and owing at one go as claimed.
“I however, reiterate that it cannot be  seriously contended that I defaulted on an installment that was not even set out in the agreement,” said Kurotwi.
Kurotwi says Mr Chikumbirike only got into court once for the criminal case before he died and the US$282 179 was not justified.
He also stated that he had since paid some US$47 000 to the law firm and that the figure was more than enough for the services rendered.
The fact that Mr Chikumbirike died before completing the work, according to Kurotwi invalidated the agreement.
Kurotwi applied for the application to be dismissed with costs.