A HARARE lawyer, Tapson Dzvetero, has been dragged to the High Court, in his capacity as an executor, by a business partner of the late Rufus Zidducheh, who is accusing him of withholding a top-of-the-range vehicle without the consent of the beneficiary.
By XOLISANI NCUBE
In court papers filed at the court under case number HC918/16, Eureka Muchenje alleges Dzvetero withheld a Mercedes-Benz, which she was entitled to as a business partner of the late Zidducheh.
“The plaintiff (Muchenje), who is the owner of the vehicle is entitled to the return of the vehicle. The vehicle is still in possession and control of the first defendant (Dzvetero).
“Despite that the plaintiff, as a creditor, lodged a claim with regards this claim with the first defendant and second defendant (master of the High Court), the first defendant has disputed the plaintiff’s claim,” an affidavit signed by Muchenje drafted by her lawyers Mhishi Legal Practice read.
According to court papers, the late Zidducheh was in partnership with Muchenje, where they each held 50% in all assets they acquired from their corporation and when Zidducheh died in March last year, she said she was entitled to the disputed vehicle.
“Upon the late’s death, the vehicle was taken into the possession or control of the first defendant without the consent of the plaintiff. Plaintiff, who is the owner, of the vehicle is entitled to the return of the vehicle, which is still in the possession and control of the first defendant,” she said.
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However, Dzvetero has since filed an appearance to defend notice and is geared to challenge the woman’s claim.