RENOWNED sculptor, Dominic Benhura has taken Mines deputy
minister Fred Moyo and his wife, Yeyani, to the High Court accusing the couple
of swindling him of over $1 million in a botched mining business deal.
Benhura issued summons against Moyo and his wife, Paul
Diamond and Gold Recovery Group (Pvt) Ltd, in July this year and they have
entered their appearance to defend notices on September 27.
In his declaration, Benhura said sometime in October 2012,
Moyo and his wife approached and requested him to partner them in a mining
business called Tambanashe Enterprises (Pvt) Ltd, claiming they, together with
their business partners, had signed all liability guarantees for a revolving
credit loan and lease hire facilities, granted by ZB Bank to Tambanashe
Enterprises (Pvt) Ltd trading as Lennox Mine.
Benhura said according to the deputy minister, other
directors — Passion Chifamba, Edgar Ndlovu, Bongani Ndlukula, Nathaniel Siwela
and Catriona Stone — had all signed liability guarantees for a revolving credit
loan and lease hire facilities.
“Following this representation, the plaintiff ([Benhura]
signed all liability guarantees in favour of ZB Bank for Tambanashe
Enterprises. At the time of signature of the guarantee, the first defendant
[Moyo] knew that the representation was false in that only the second, third
and fourth defendants [Yeyani, Diamond and Gold Recovery Group (Pvt) Ltd] had
signed respective all liability guarantees in favour of ZB Bank for Tambanashe
Enterprises,” he said.
“As a result of the first defendant’s misrepresentation,
the plaintiff suffered damages in the sum of $635 985 and R1 536 448, being the
loss of contribution to the satisfaction of the ZB Bank’s judgment under case
number HC1856/14 occasioned by the absence of five other co-debtors from which
the plaintiff would have [gotten] contribution or to be absolved by.”
Benhura said Moyo and his wife and Diamond, own controlling
stakes in Tambanashe Enterprises (Pvt) Ltd, OX Mining Ltd and Gold Recovery
Group (Pvt) Ltd.
The sculptor further accused the deputy minister of
fraudulently accepting and signing summons on his behalf, which were issued by
ZB Bank seeking to recover its money.
Benhura said sometime in March 2014, Moyo and his wife
“falsely represented” to Mlotshwa and Company Legal Practitioners that he [Benhura]
had been served or was aware of the summons issued against him by ZB Bank and
caused the lawyers to issue an appearance to defend purportedly on his behalf.
“ZB Bank subsequently served a notice to plead with the
intention to bar Mlotshwa and Company Legal Practitioners, who failed to file
any plea, as they did not have plaintiff’s instructions, leading to a default
judgment being entered against the plaintiff,” he said.
“The first and second defendants knew that the plaintiff
did not have knowledge of the summons and through their fraudulent
misrepresentation, made it impossible for him to put up any defence to the
claim, thereby, causing the plaintiff damages amounting to $1 023 815.”
Benhura said between August 12 and May 2015, the deputy
minister and his co-defendants abused the $776 486 accessed from ZB Bank under
the facility.
He said the alleged abuse of funds made it impossible for
the principal debtor, Tambanashe Enterprises, to meet its obligations in
general and for loans by ZB Bank, thereby, exposing him to losses.
“The first and second defendants removed and sold various
equipment belonging to Tambanashe Enterprises valued at $467 000. Had the first
and second defendants not dissipated the principal debtor’s assets, the degree
of exposure to the plaintiff, as the surety, would have been reduced by the
value of the property or the plaintiff would have been absolved by Tambanashe
Enterprises in the sum of $467 000,” he said.
The matter is pending in court. newsday
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