News / National
Prominent lawyer sets record straight
29 Jan 2018 at 05:55hrs | Views
PROMINENT Bulawayo lawyer, Ms Caroline Mudenda, who was alleged to be on the run for allegedly prejudicing a private company of $12 200, has written a letter of complaint to the Prosecutor-General's Office over the matter.
According to court documents, Mudenda of Mudenda Attorneys, was engaged by a private company Scramwa Engineering (Pvt) (Ltd) to act as a debt collector to recover an excess of $228 613,54 from Jena Mine located in Silobela area.
Ms Mudenda, who was last week issued with a warrant of arrest, yesterday told The Chronicle that she was not on the run and the arrest warrant was cancelled last Friday.
She said she failed to appear in court to answer to the charge of theft because of communication breakdown between herself and the NPA officials and the court case had been postponed to February 12.
The matter emanates from a dispute over legal fees between her law firm and their client, Mr Manfred Nhemachena, a director of Scramwa Engineering (Pvt) (Ltd).
"The complainant, Mr Nhemachena, engaged us to collect $228 613,54, which was owed to him by Jena Mine.
"We agreed that our legal fees will be 10 percent of the total amount and legal fees were to be paid by Jena Mine," she said in her complaint.
She said Jena Mine paid into their account $21 000 which their client received and $13 000 was paid into Mudenda Attorneys account as legal fees.
"Surprisingly, Mr Nhemachena is claiming these legal fees saying he wanted us to claim after collecting the full amount which is not supposed to be the case," said Ms Mudenda.
She said when they appeared before officials from the National Prosecuting Authority (NPA), prosecution was declined and they were advised to resolve the matter in a civil manner.
"It is now surprising that the matter is now being prosecuted most probably to tarnish the reputable image of the firm or for whatever political motive the Mudenda name.
"This case at most should be dealt with as a civil matter as there is nothing criminal in claiming our fees which the complainant owes us," said Ms Mudenda.
She said to avoid further disputes, her law firm has since given the complainant the money, which she was alleged to have pocketed.
"The complainant still owes our law firm in excess of $20 000 for other matters we were handling for him and we have filed summons both at the High Court and magistrate's courts," said Ms Mudenda.
The lawyer has since renounced urgency citing irreconcilable differences with her client.
She has also filed summons against Mr Nhemachena at the Bulawayo High Court over a debt of $5 000.
According to Mr Nhemachena's statement before the court, Scramwa Engineering in 2000 entered into a contract with Jena Mine to supply, service and repair submersible pumps.
The terms of payment were that Scramwa Engineering would do the job and the mine was supposed to pay within 30 days from the date of invoicing.
In 2013, Jena Mine breached the terms of the contract prompting Scramwa Engineering to engage Mudenda Attorneys for debt collection services. By January last year, Jena Mine owed Scramwa Engineering more than $200 000.
According to court documents, Mudenda of Mudenda Attorneys, was engaged by a private company Scramwa Engineering (Pvt) (Ltd) to act as a debt collector to recover an excess of $228 613,54 from Jena Mine located in Silobela area.
Ms Mudenda, who was last week issued with a warrant of arrest, yesterday told The Chronicle that she was not on the run and the arrest warrant was cancelled last Friday.
She said she failed to appear in court to answer to the charge of theft because of communication breakdown between herself and the NPA officials and the court case had been postponed to February 12.
The matter emanates from a dispute over legal fees between her law firm and their client, Mr Manfred Nhemachena, a director of Scramwa Engineering (Pvt) (Ltd).
"The complainant, Mr Nhemachena, engaged us to collect $228 613,54, which was owed to him by Jena Mine.
"We agreed that our legal fees will be 10 percent of the total amount and legal fees were to be paid by Jena Mine," she said in her complaint.
She said Jena Mine paid into their account $21 000 which their client received and $13 000 was paid into Mudenda Attorneys account as legal fees.
"Surprisingly, Mr Nhemachena is claiming these legal fees saying he wanted us to claim after collecting the full amount which is not supposed to be the case," said Ms Mudenda.
"It is now surprising that the matter is now being prosecuted most probably to tarnish the reputable image of the firm or for whatever political motive the Mudenda name.
"This case at most should be dealt with as a civil matter as there is nothing criminal in claiming our fees which the complainant owes us," said Ms Mudenda.
She said to avoid further disputes, her law firm has since given the complainant the money, which she was alleged to have pocketed.
"The complainant still owes our law firm in excess of $20 000 for other matters we were handling for him and we have filed summons both at the High Court and magistrate's courts," said Ms Mudenda.
The lawyer has since renounced urgency citing irreconcilable differences with her client.
She has also filed summons against Mr Nhemachena at the Bulawayo High Court over a debt of $5 000.
According to Mr Nhemachena's statement before the court, Scramwa Engineering in 2000 entered into a contract with Jena Mine to supply, service and repair submersible pumps.
The terms of payment were that Scramwa Engineering would do the job and the mine was supposed to pay within 30 days from the date of invoicing.
In 2013, Jena Mine breached the terms of the contract prompting Scramwa Engineering to engage Mudenda Attorneys for debt collection services. By January last year, Jena Mine owed Scramwa Engineering more than $200 000.
Source - chronicle
