The judge who promoted Emmerson Mnangagwa’s new Thokozani Khupe-character, Fadzayi Mahere with a fake defamation award, has ruled in favour of a USD138,000 scam.
By A Correspondent | ZimEye | The High Court has dismissed an application by the Harare Municipal Medical Society (HMMAS) which was seeking a refund of US$138,000 from former RBZ governor’s adviser Munyaradzi Kereke.
The claim was centered around a foiled purchase of Fortress Hospital in Ruwa.
High Court judge Justice Jacob Mafusire dismissed the case, calling the demand “opportunistic” and stating, “The plaintiff has failed to prove any aspect of its case.”
HMMAS had sued Kereke and Briward Trading (PVT), seeking a refund plus interest, confirmation of the cancellation of their sales agreement, and a declaration that they had paid the full purchase price for the hospital.
The society claimed it purchased Fortress Hospital in November 2014 through two agreements: one for the immovable property, Stand 9653 Ruwa Township, and another giving it the right of first refusal for associated assets.
The defendants were represented by agent Newton Madzika, while the plaintiff was represented by its former Chief Executive Officer, Evaristo Rukasha.
The purchase price for the property was US$800,000, with the equipment and fittings costing US$650,000. HMMAS alleged it made these payments, with US$700,000 paid through a now-defunct bank and the remainder through the conveyancers, Muza & Nyapadi.
The court was told that on March 21, 2022, Kereke allegedly colluded with Rukasha, who signed an acknowledgment of debt for US$400,000 on behalf of HMMAS.
The society claimed this was an abuse of office, as it had already fully paid for the hospital. Rukasha was dismissed following disciplinary proceedings related to this act.
It said Kereke, relying on the acknowledgment of debt, coerced HMMAS into signing a new agreement on August 31, 2023, which stated a purchase price of US$1,138,900, claiming US$866,900 had already been paid, leaving a balance of US$272,000.
HMMAS contended it had made US$138,000 in payments under what it termed an unlawful agreement. The reconstituted Board, led by Zacharia Murerwa, stated the agreement was induced by fraud or duress.
HMMAS sought confirmation of its ownership and full payment for Fortress Hospital, demanding the refund of the US$138,000.
Kereke countered the claim arguing that the payment of US$650,000 towards the hospital’s assets was never received among other things.
Furthermore, Kereke criticized the plaintiff’s pleadings as inelegant and called the legal narrative presented by both parties a “complete bog.”
Ultimately, the High Court found no merit in HMMAS’s claims, concluding that Kereke successfully defended himself against the allegations.
“The plaintiff has failed to prove any aspect of its case.
“The first defendant destroyed the plaintiff’s case completely. The plaintiff has no case. This suit is manifestly opportunistic. The defendants are entitled to judgment,” said Mafusire.