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making him pay for “exclusive” rights to sell beverages at the Akon Show in September last year.
The two had no authority to give exclusive rights of selling beverages as they belonged to the owners of the stadium.
Their company, Zimswag represented by Mupfurutsa’s partner Blessing Nyambuya, was supposed to appear in court charged with fraud yesterday.
However, it emerged Nyambuya was improperly summoned.
Prosecutor Ms Cathrine Manjengwa had presented the matter before magistrate Ms Patience Ururu-Madondo, but the court found out that Nyambuya was not properly summoned.
The State was advised to summon Nyambuya again.
The complainant is Mr Wonder Hama who is the owner of Northern Coal Miners.
Zimswag is a music company situated in Belgravia, which promoted and organised a musical show by Akon on September 4 last year.
Nyambuya, who is one of the directors, is representing the company.
It is the State’s case that sometime in July 2010, Zimswag through its directors Nyambuya and Mupfurutsa approached Mr Hama and misrepresented that Zimswag had acquired all exclusive rights to sell beverages during the Akon show and offered to cede them to him.
Acting on the misrepresentation, Mr Hama was caused to sign a contract accepting the offer and paid US$75 000, which was deposited into Zimswag’s Interfin Bank account , it is alleged.
The State says on the day of the Akon Show, Mr Hama arranged everything in preparation for the show but discovered that there were many other sellers of beverages contrary to the agreement he signed.
Mr Hama, it is alleged, was informed him that Mupfurutsa and Nyambuya had no right to give exclusive rights of selling beverages since they were not the owners of the stadium.
As a result, he suffered an actual prejudice of US$75 000 and nothing was recovered.
derick.khumalo