LOCAL comedian Sabhuku Vharazipi and his colleagues at ZIYA Cultural Arts Trust — Wellington Chindara and Kumbirai Chikonye — have been ordered to pay ZIYA Cultural Arts Trust $218 500, after the latter successfully sued the actors for misappropriating the trust’s funds.
BY CHARLES LAITON
In June this year ZIYA Cultural Arts Trust issued summons against the trio, seeking payment of 200 000 copies of the Sabhuku Vharazipi 1 and 2 comedies that were sold by the trio and whose proceeds were not remitted to the trust.
The trio, however, failed to defend the litigation and on October 18 this year, the trust approached the court seeking a default judgment which was granted by High Court judge Justice David Mangota.
“The respondents be and are hereby ordered to pay $10 000 which the respondents received for and on behalf of the applicant (ZIYA) in their capacities as trustees for which respondents are jointly and severally liable the one paying the other to be absolved … The respondents be and are hereby ordered to pay the sum of $120 000 being the equivalent monetary value of 120 000 Vharazipi One film discs sold by the respondents on behalf of the applicant,” ordered Mangota.
The judge further also ordered the trio to pay $80 000 for the 80 000 copies of Vharazipi 2 and $8 500 for the vehicle which they reportedly refused to surrender to the trust.
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The actors were also prohibited from publishing and distributing their new comedy, The Voice.
ZIYA Cultural Arts Trust said the actors were appointed trustees of the cultural arts in 2013 to run the trust’s affairs. ZIYA produced two dramas popularly known for the ground breaking comedy called Sabhuku Vharazipi and another one called The Voice which were written by ZIYA’s founder member, David Dzasungwa.
“When the plaintiff’s comedy or film hit the market, Zimpapers donated $10 000 to the plaintiff through the defendants. However, the defendants never accounted for the said donation to the plaintiff. To date, the defendants have failed or refused to account for the said donations despite their duty to do so and they have misappropriated the trust funds,” the trust said.
The trust also said it directed and produced a popularly known comedy called Vharazipi 2 and after the trio had sold 80 000 discs, they collected the proceeds in the amount of $80 000 for and on behalf of the trust which they never remitted.