The magistrate’s court Tuesday ruled that Kingstons Zimbabwe Limited had no adequate evidence to implicate its employees and a stationery supplier whom it has sued for allegedly conniving to defraud the company of $36 314,56 in a stationery supply deal.
The stationery company suspects that Margined Consultants invoiced the company for stationery that it never supplied and sued both the stationery supplier and its employees who handled and approved the disputed transaction.
The accused include Kingstons general manager Dunmore Mazonde, finance manager Killian Nyamuona, creditor’s clerk Chamunorwa Mapinge and Bernard Mabika, an executive at Margined Consultants.
“The state’s case is very weak. There is no overwhelming evidence,” Harare magistrate Munamato Mutewedzi said and ruled that the accused be granted bail.
But the state successfully opposed the bail application, arguing that the accused would interfere with further investigations into the fraud case.
The court heard that Kingstons acknowledged the transaction by accepting Margined Consultant’s invoice and signing delivery notes to show that it had actually received the goods in question.
After several fruitless payment demands through the magistrates and high courts, Margined Consultants took the matter to the High Court and obtained an order to attach Kingstons property to recover the outstanding debt.
But Kingstons shut down its offices and branches and Kingstons offered to offset part of the debt by way of an industrial stand in Willowvale and settle $22 723, which remained outstanding, in installments.
The two parties agreed and signed an agreement of the sale and Kingstons subsequently transferred the title deeds to Margined Consultants.
In arguing its case, Kingstons claims it instituted investigations and discovered that the debt in question arose from an invoice for goods that were never delivered, and filed for fraud.
It also claims that its employees may have connived with the supplier to defraud it of $36 314,56 through what it suspects to be a fake invoice book.
“On June 18 last year the above connived and hatched a plan to defraud Kingstons Limited Zimbabwe.
“Bernard Mabika raised his company invoice number 080, which was later cancelled to read 57 supporting that his company has supplied items of stationery valued at $22 723, 00 and gave the invoice to Chamunorwa Mapinge the creditors clerk and captured the invoice into Kingston’s Creditors account, well knowing that no goods for the invoice in question were received by Kingston’s Limited Zimbabwe.
“Chamunorwa Mapinge later compiled a creditor’s reconciliation including the invoice and forwarded the reconciliation to Killian Nyamuona, finance Manager Kingstons, for approval of payment. Nyamuona reconciled the payment without checking with the goods received note.”