TWO Harare medical doctors have crossed swords after one of them had his house attached by the bank over an unpaid $284 000 loan they had acquired to jointly import a cancer treatment machine they wanted to resell.
CHARLES LAITON SENIOR COURT REPORTER
Anaesthetist Victor Tsindi Rabukwa has taken his colleague surgeon Athanasius Daud Dube to court for breach of contract after he surrendered title deeds of his Harare house to secure the loan from Kingdom Bank before the deal fell through.
Dube (56) denied the fraud charge when he appeared before regional magistrate Fadzai Mthombeni last week and was remanded out of custody to September 4 this year for trial.
The purpose of the said loan, according to Dube, was to purchase a brachytherapy machine from Hong Kong to the tune of $1,238 million which he allegedly intended to resell to Harare businessman, Eric Nhodza of Melbourne Pitt and Hardy, for $1,7 million.
However, the transaction allegedly failed to materialise although Dube claims he had already transferred the cash to a Chinese company –HK Avata in Hong Kong — which later unilaterally increased the machine price, prompting him to pull out of the deal.
Dube’s failure to pay back the Kingdom Bank loan within the agreed period resulted in the bank taking over Rabvukwa’s house.
Rabvukwa claims he suffered an actual prejudice of $500 000 which is the real value of his house, which has already been earmarked for sale by the bank. Dube pleaded not guilty to the charge while being represented by a Harare lawyer Moses Kamudefwere.
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Prosecutor Daniel Muchimbiri presented that on June 19 2012, the two agreed to use Rabvukwa’s house as collateral security to get the bank loan to import the machine.
Dube allegedly told Rabvukwa that the machine was costing $1,238 million and that he had already paid $954 000, leaving a balance of $284 000.
He allegedly told the complainant that the buyer, Nhodza, had promised to pay $1,7 million upon receipt of the bill of landing, 10 days from clearing the outstanding amount, and further promised to give Rabvukwa $50 000 as a token of appreciation for assisting him.
