PROMINENT Harare lawyer Tapiwa Mudambanuki, who had been accused of fleecing his client in a botched property deal, yesterday breathed a sigh of relief after charges against him were withdrawn by the complainant following reimbursement.
SENIOR COURT REPORTER
Mudambanuki had been accused of swindling Tonderai Nhika to the tune of $30 000 after he had been engaged to facilitate a $250 000 property deal five years ago.
But the lawyer got off the hook from charges of theft of trust property after Nhika deposed an affidavit which was produced in court by prosecutor Michael Reza.
Part of the affidavit read: “I Tonderai Nhika do hereby make oath and state that I am the complainant in the matter against the accused Tapiwa Edson Mudambanuki. “On the 22nd of March 2014, I received the $30 000 which was in issue concerning the transfer of the Greystone Park property I purchased through the accused. The issue was resolved and I do not intend to have the accused prosecuted.” Mudambanuki (50), who was being represented by Everson Chatambudza, was not asked to plead when he appeared before regional magistrate Hosea Mujaya early this month on a count of fraud and theft of trust property. Allegations against Mudambanuki had been that sometime in 2009 he was engaged by a client, Denford Mugauri, in a civil dispute which emanated from Mugauri’s failure to repay a mortgage loan to Zimplast (Pvt) (Ltd). This was after Mugauri had been ordered by the High Court to pay Zimplast $150 090 plus interest of 5,8% per annum reckoned from 2008 within six months from the date of the court order. Mugauri then instructed Mudambanuki to surrender his (Mugauri’s) house, but Mudambanuki convinced him to sell the property for profit and was given a mandate to dispose of the property. However, after securing a buyer who offered to purchase the property for $210 000, Mudambanuki allegedly accepted the offer, but paid $180 000 to Zimplast and pocketed the difference.
