VICE-PRESIDENT Kembo Mohadi has taken his two former business partners at Malindi Storage and Logistics (Pvt) Ltd to the High Court demanding US$107 135 he claims was misappropriated by the pair.
BY CHARLES LAITON
Through his lawyers Messrs. Mugiya and Macharaga Law Chambers, Mohadi issued summons against Tichaona Mushipe and Oscar Chiromo, both residents of Beitbridge.
In his declaration, Mohadi said sometime in November 2016, he entered into a partnership agreement with Mushipe and Chiromo which operated until August 31, 2018 when he pulled out.
“The partnership operated until August 31, 2018 when the plaintiff (Mohadi) pulled out of the partnership following the misuse and misappropriation of partnership funds by the defendants (Mushipe and Chiromo) which prejudiced the plaintiff the sum of US$107 135,” Mohadi said. He added that after the collapse of the partnership, the licence holder and owner, Malindi Storage and Logistics (Pvt) Ltd, which he owns, recalled its trading licence and invited auditors who then established that more than US$107 135 had been misappropriated.
“On April 15, 2019, the parties entered into a deed of disengagement. The parties then agreed to engage an auditor so that the parties could see what they were worth and what their obligations were to each other. After the auditor finished his work, the defendants then refused to accept the audit report for no apparent reasons. The parties have been stuck since then,” he said.
“The audit report showed that the defendants prejudiced the plaintiff of US$107 135 and are supposed to pay the plaintiff the said amount collectively. The defendants clearly breached the partnership contract and the deed of disengagement contract by failing to complete their obligations in terms of the said deed,” he said, adding that the claimed amount could also be paid in local currency using the obtaining bank rate.
Meanwhile, Mushipe and Chiromo have since entered their notice of appearance to defend the matter through their lawyers Sinyoro and Partners Legal Practitioners.
