According to
the court papers, the writ of execution was granted on July 10, in a matter
where Mudumi of Cloud Africa & Business Investment Network Private Limited
is owing Metrical Enterprises (Private Limited).
The matter was
heard under case number HCH2212/25.
The case
emanated from last year, when the Masvingo North legislator was convicted of
fraud and was ordered to perform 420 hours of community service at Marlborough
Police Station.
Mudumi appeared
on his behalf and on behalf of his company, which was ordered to restitute
ZWG$234 238.80 on or before 30 September 2024, failure of which, the clerk of
the court shall issue a writ of execution against the company’s property.
He was
initially sentenced to 30 months’ imprisonment and six months were suspended on
condition that he does not commit a similar offence in the next five years.
Twelve months
were suspended on condition that he restitutes ZWG$234238.80 on or before 30
September 2024.
Twelve months
were suspended on condition that he perform 420 hours of community service at
Marlborough police station.
Despite the
conviction, Mudumi did not comply, prompting the plaintiff to seek a writ of
execution to attach his property at the High Court.
Reads the judgement: ‘‘To the Sheriff of Zimbabwe or his lawful Deputy, you are required and directed to attach and take into execution any movable goods of Brian Mudumi the above mentioned first Defendant of 16 Flemming Tree Road, Rhodene, Masvingo, Zimbabwe and of the same cause to be realised the sum of US$34 000.00 (Thirty Four Thousand United States Dollars) together with interest on the above amount at the rate of 5 percent per annum calculated from the date of demand to date of full and final payment and costs of suit on an attorney and client scale awarded to the Plaintiff as per the court order of this Honourable court on the 10th of July 2025 and also other costs charges of the Plaintiff in the said suit, to be hereafter duly taxed, according to law, besides all your costs thereby incurred.
‘‘Further pay
to the said Plaintiff or its legal practitioner the sum or sums due to him with
costs as above mentioned and for your so doing, this shall be your warrant.
‘‘And retain
you this Writ with what you have done there upon.’’
In January last
year, Metrical Enterprises Private Limited, represented by Kenneth Chitando,
was looking for a 20-cubic dump truck to purchase.
Chitando made inquiries locally and, on the internet, and was referred to Cloud Africa as a local contact company for a Chinese company. He called Mudumi, who advised him to meet him at their offices in Avondale, Harare.
Chitando
proceeded to meet Mudumi at their offices, where he indicated to him that he
needed a 20-cubic-yard dump truck.
Mudumi
confirmed to Chitando that they were in the business of importing motor
vehicles and had the capacity to import the dump truck he wanted.
Mudumi quoted
Chitando ZWL$32 479 077 an equivalent of US$34,000, which he said was
sufficient to land the truck in Zimbabwe.
He further
advised Chitando that the dump truck would be delivered within eight weeks from
the date of payment.
On March 29
last year, Mudumi instructed Chitando to transfer the funds into Cloud Africa’s
FBC bank account, and he complied.
Mudumi
acknowledged receipt of the funds by advising through email and presented a
receipt.
On April 4,
Chitando received an email from Cloud Africa’s employee, Prudence Tembo,
advising that they had made a submission to the bank auction process of an
equivalent of US$10 000-00 using a rate of ZWL$932,000 and promised to make
further applications until the whole amount was converted.
He then
responded by writing an email to Cloud Africa, where he indicated to them that
they could have applied for up to US$100,000.
Chitando was
then replied to by one Perfect Khumalo, the Cloud Africa Business Development
Manager, who said that since the purchase was under US$50,000, they could only
do it under the Small & Medium Enterprises auction window.
On May 8,
Khumalo advised Chitando through email that they had managed to get US$17 000
from the auctions and had managed to pay US$10,000 from their free funds.
He further
advised that they had secured the truck.
Chitando was
advised that the truck would be delivered by the end of June 2023. Herald
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