adminadministration of two residential stands and shares belonging to the latter and his late business partner.
Madondo (51) of Tudor House Consultants (Pvt) Ltd was summoned to court to answer to two counts of fraud and contravening the companies Act.
Madondo, is alleged to have misrepresented to the Master of High Court that Dauramanzi owned two stands in Chivhu thereby causing a potential prejudice of 74,9 shares worth US$165 000 to the complainant, Brian Mapurisa. Brian is the son of the late Robson Mapurisa who core-owned Chivhu Holdings Pvt Ltd with Dauramanzi.
Madondo allegedly misled the Master of High Court that Dauramanzi held 100 percent shares in Chivhu Holdings (Pvt) Ltd yet in actual fact owned 25 percent. According to the State, Dauramanzi held a controlling stake of 25 percent while Mapurisa held 74,9 percent while the stands were part of the company’s immovable property.
Madondo was on Thursday not formally charged when he appeared before Harare regional magistrate Mr Morgan Nemadire. Through his lawyer, Mr Fungai Chimwamurombe, Madondo informed the court of his intentions to file an application of exception on December 6.
The defence argued that the State’s allegations did not disclose any crime.
Prosecutor Mr Michael Reza is expected to file his response on December 13 while Mr Nemadire delivers ruling on December 20. It is alleged that when Mapurisa died in 1990, his son Brian was appointed the heir to the estate. Dauramanzi died 14 years later in 2004 and his wife Cecilia prepared her initial inventory whereby she declared Chivhu Holdings Pvt Ltd in terms of the Administration of Estates Act before handing it over to Madondo for processing.
On May 2, 2006, Madondo made a final inventory and misrepresented in his declaration that stand numbers 322 and 324 belonged to Dauramanzi when in actual fact the two immovable properties belonged to the company, according to the title deeds. Madondo, the State says, took the properties of Chivhu holdings and declared them as Dauramanzi’s personal assets.
Due to the misrepresentation, the Master of High Court confirmed the properties as Dauramanzi’s private assets. Sometime in August last year, after the account of the Estate of Mapurisa was confirmed by the High Court, his son Brian inherited the 74,9 percent shares, which he held.
On July 15 this year, the State says, Madondo wrote to Brian, Dauramanzi’s wife, Master of High Court and Fremius Executor Services circulating a false statement indicating that Dauramanzi held 100 percent shares in the company.
Online Reporter