High Court judge Justice November Mtshiya has recused himself from hearing a Stanbic Bank Zimbabwe application against Ibbo Mandaza seeking payment of more than $88 000, saying the latter was his acquaintance.
BY CHARLES LAITON
The financial institution filed summons for provisional sentence against Mandaza demanding a loan repayment of $88 544,97 together with interest after he allegedly failed to service it by the agreed date.
However, when the matter appeared in Motion Court on Wednesday, Stanbic Bank lawyer Thomas Chagudumba submitted his papers were in order and prayed for an order in terms of the draft, but Justice Mtshiya indicated he could not handle the matter.
“I am recusing myself from dealing with this matter and I will refer it to another judge since I am known to the defendant,” Justice Mtshiya said, after which he postponed the matter to next Wednesday.
According to Stanbic, sometime in June last year, Mandaza approached the bank and obtained a loan after signing an agreement with his co-debtor Sapes Books (Pvt) Limited cited in the court papers as the second defendant.
Mandaza reportedly signed as Sapes Books guarantor after which he was given the cash which was supposed to have been paid by the end of March this year.
“The first and second defendant (Mandaza and Sapes Books) jointly and severally one paying the other to be absolved owed the plaintiff (Stanbic Bank) the total amount of $88 544,97 as at March 31, 2016 together with interest thereon at the rate of 23,85% per annum with effect from March 1, 2016 as more fully appear from a certificate of indebtedness,” the bank said. Upon realising Mandaza was not forthcoming with any payment, the bank decided to approach the court to compel him to pay.