HARARE businessman-cum-musician Energy Mutodi, who is facing trial on allegations of swindling prospective land and home seekers of millions of dollars, was on Thursday this week again allowed access to his firm, National Housing Development Trust (NHDT) AfraAsia Bank account funds.
The businessman had been interdicted from withdrawing the funds following fresh allegations of abuse of funds by one of
NHDT’s trustee Boniface Chikono.
However, Civil Court magistrate Tatenda Manhanzva ruled in Mutodi’s favour saying she had no jurisdiction to entertain the application considering the amount involved in the account.
The account has in excess of $600 000.
The earlier interdict against Mutodi followed an application by Chikono who accused the musician of again fleecing the housing development after he was allowed access to the firm’s cash by an order of the court.
In his founding affidavit forming part of an ex-parte application filed two weeks ago, Chikono said Mutodi had clandestinely removed all other signatories to the Trust’s bank account leaving himself as the sole signatory.
This he said had been done without his (Chikono) knowledge.
“The first respondent (Mutodi) changed the signatories to the account leaving him, the sole signatory to the said account. As I depose to this affidavit Mutodi is the sole signatory,” Chikono said.
He said the account was frozen by an order of the Magistrate Court in May 2013. The account was opened by order of the same court and there was $626 000 when the order was granted, said Chikono.
“Since the granting of the said order, first respondent (Mutodi) has not been coming to the office, bought a new Discovery 04 and has refused to account for the money. My fears are that he has misused the funds unless he can clear himself,” he said.
Chikono further said Mutodi had resorted to “running the Trust from his pocket” forgetting that the money in the account was not his, but public funds.