Two of Machiridza’s
clients accused him of theft of trust property after he remitted US$2 279
awarded to Daniel Mususa and Theresa Shamu, whom he had represented, into his
Trust fund with CABS in 2019.
The bank released local currency instead of US dollars.
Mususa and Shamu notified both Machiridza and the bank, but
it was not rectified for 18 months.
The two then reported Machiridza to the Law Society of
Zimbabwe (LSZ) before causing his arrest and prosecution.
The bank later exonerated Machiridza, and the National
Prosecution Authority declined to prosecute the matter, indicating that it was
a clear banking system error.
The trial court was of the view that there was no need for
Mususa and Shamu to cause a malicious arrest and prosecution when the LSZ was
handling the matter.
Machiridza made a claim for malicious arrest for which he
was awarded $300 000.
However, Mususa and Shamu appealed to the High Court on the
grounds it was within their right to report the lawyer’s behaviour.
Justice Gladys Mhuri upheld the appeal and agreed that the
pair had probable cause to report the lawyer.
Justice Mhuri said the magistrate had erred in believing
that the duo acted out of malice.
“Mususa and Shamu engaged Advocate Machiridza without
success. They managed to get their money one year six months later after the
engagement of the police.
“In view of the above, we are of the considered view that
Mususa and Shamu established that they had reasonable and probable cause to
make a report to the police.
“The court a quo therefore erred in making a finding that
there was no reasonable and probable cause to make a report to the police.
“In the circumstances, we find that the appeal is with
merit and we grant it.
“Advocate Machiridza’s claim is dismissed with costs,”
reads the ruling. H Metro
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