PROFESSOR Welshman Ncube has accused his former client and
beleaguered ex-Vice-President Phelekezela Mphoko and his son, Siqokoqela of
being driven by malice, confusion and desperation when they caused the issuance
of summons claiming he allegedly squandered part of the US$2,9 million they got
as shares from Choppies Enterprises after they exited the company.
The Mphokos wanted Prof Ncube to pay them about US$1,5
million being the outstanding balance of the money they received as shares from
Choppies including a five percent interest calculated from 16 January 2019 to
the date of full payment.
Prof Ncube, however, seems to suggest that the allegations
were either a sign of confusion and desperation or a calculated ploy to tarnish
his image through falsehoods and abusing court process to achieve their
malice-laced objectives.
Through his lawyers, Webb, Low and Barry Attorneys, Prof
Ncube who was the Mphokos’ lawyer in their shareholding legal battle for
Choppies Enterprises after they were bought out of the business argued that he
was dismayed by the manner that the Mphokos were twisting the facts to suit them
while dragging his reputation through the mud by misrepresenting the truth.
He argued that he was still bound by the agreement that
they had after their meeting in Harare when the Mphokos advised him not to deal
with the debtor — Choppies in any way in connection with the debt as they were
in full control of the matter.
He, through his lawyers, refutes handling and squandering
any money paid to the Mphokos by Choppies saying they clearly expressed the
desire and wish to be the sole point of contact in the matter and he complied.
In papers written by Webb, Low and Barry Attorneys to the
Mphokos’ current lawyer, Mr Zibusiso Ncube of Ncube and Partners Legal
Practitioners that the Sunday News is in possession of, Prof Ncube’s lawyers
said their client was in no way indebted to the Mphokos.
“We write on behalf of our client, Professor Welshman Ncube
trading as Mathonsi Ncube Law Chambers, who are the defendants in the said
suit, to express our grave concern and dismay in the manner that you have
proceeded in this matter. Your decision on behalf of your clients, to cause to
be issued process in a debt collection against our client, when you are fully
aware that our client is in no way indebted to yours as your clients have in
fact entered into a payment plan with the true debtor to discharge the
indebtedness to your client,” reads part of the response by Professor Ncube’s
lawyers.
They argued that they were convinced that the Mphokos were
driven by other reasons in their actions other than the settling of their
matter with their debtor as their debtor had in many occasions acknowledged his
indebtedness and pleaded for more time to settle what they owe.
“You also communicated with us that you had reached an
understanding and settlement of the matter with the debtor and advised that our
client was accordingly out of the picture in the matter as you would look to
the debtor for the due payment of the debt to your clients,” argued Prof Ncube
through his lawyers.
His counsel said they were taken aback that without any
notice to them or Prof Ncube, the Mphokos proceeded to issue summons against
their client in respect of a debt that they were fully aware was owed by
someone who had received money belonging to the Mphokos following specific
written instructions that the monies be paid to them.
He said it defied logic why the Mphokos decided to issue
summons to him instead of proceeding with litigation against the debtor after
they failed to meet the deadline and asked for an extension of time to pay.
“The above conduct is unethical, unprofessional and
calculated to cause irreparable damage to the good name of and reputation of
our client. We therefore highlight the lack of professional courtesy and ethics
in the manner and circumstances in which you caused the summons to be issued.
“On Monday, 9th December 2019, your office went to the High
Court registry and had, as per practice, one copy of the summons date stamped
and given a case number to enable you to go to the payment office to render
payment for issuance of the summons.
“You did not proceed to make any payment, nor did you
return to the registry to produce proof of payment but left the High Court
without any process having been issued and circulated to the media copies of
the single copy of summons which have the date stamp of the registry and
allocated case number,” reads the response suggesting that the intention was to
maliciously feed the media with falsehoods to injure the reputation of Prof
Ncube.
The Mphokos exited Botswana-based Nanavac Investments,
trading as Choppies Supermarkets Zimbabwe, in January after offering to be
bought out of the company to end a protracted ownership wrangle and it was in
the dispute that Prof Ncube was the Mphokos’ legal representative before their
relationship somehow turned sour, leading to them suing him. Sunday News
0 comments:
Post a Comment