Former executive members of a Harare housing co-operative, Stoneridge Residents’ Association, have been accused of abusing the co-operative’s funds and refusing to step down despite being voted out of office.
BY CHARLES LAITON
The association, cited as the applicant in the matter together with Jeddie Bere and 538 others, has since approached the High Court, seeking the nullification of the trust registered last year by the former executive members accusing the latter of acting fraudulently.
The former executive members that have been cited as defendants are Francis Mudyazvivi, Makuwaza Moses, Zealous Nyabadza, Artwell Shiripinda and Tendai Makore together with the Registrar of Deeds and Companies, who has been cited as the sixth defendant.
“Wherefore plaintiffs pray for a declaratur that the notarial deed of trust registered by first to fifth defendants under the name Stoneridge Residential Trust on October 2, 2015 be declared null and void and an order directing the sixth defendant to deregister the aforementioned notarial deed of trust,” the association said.
The five defendants have since entered an appearance to defend notice.
The association said in or about 2003, it bought some stands from Amalish Investments represented by Rickson Musarurwa, but the latter failed to service the land.
“In or about 2013 first plaintiff (Stoneridge Residents’ Association) was formed as an association whose members were to pool resources together for purposes of financing the servicing of their land,” it said.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“In or about early 2013, second and third defendants (Makuwaza and Nyabadza) assumed interim leadership of the first plaintiff before the coming into effect of its constitution. In or about 2013 the plaintiffs came up with a constitution which would regulate the affairs and management of this association.”
The association further said in 2013, Makuwaza and Nyabadza opened an account with MBCA Bank in their names in violation of the association’s constitution.
It also said for a period of two years from the date the account was opened, the two allegedly withdrew money from the association’s account for personal use, prompting a meeting which voted them out of office in September last year.
“Notwithstanding the results of the annual general meeting, the defendants, in violation of the association’s constitution, have refused to hand over power to the newly-elected officials,” it said.
The association further said in October last year the five members went ahead and registered a Notarial Deed of Trust under the name Stoneridge Residential Trust, which they were now using in swindling the members’ funds.
