Man drags brother to court over $100 000 tender

A Bulawayo man yesterday dragged his brother to court after he allegedly used his title deeds to secure an over $100 000 tender with the city council to repair electric motors for the Ncema and Fernhill dams, and failed to pay him 33% of the profits after completion of the project as per promise.

Christopher Sibanda (51) of Matsheumhlope pleaded not guilty to defrauding his brother, Partson (63) before Gladmore Mushove at the Bulawayo magistrates' courts.

The prosecutor, Jeremiah Mutsindikwa told the court that in October 2011, Christopher secured a tender from the Bulawayo City Council to repair electric motors for Ncema and Fernhill dams at a cost of $111 168.

Christopher reportedly required a 30% down payment to start the project and BCC requested for collateral to secure the deposit.

He then approached his brother who owned a house in Entumbane and requested to use his title deeds as collateral to secure the 30% deposit with BCC.

Christopher further promised that he would appoint Partson as marketing director of the project and also give him 33, 3% of the profits after completion of the project.

Partson agreed and Christopher was handed $16 733, 22 as down payment by the local authority.

As the project progressed, Christopher reportedly ran out of funds and approached the council offices where he negotiated the release of the title deeds.

He allegedly used the title deeds with Partson's consent as collateral for a loan with ZB Bank.

After completion of the project, Christopher was reportedly paid $94 435,22 by BCC but  allegedly failed to give his brother 33,3% of the profits, which translates to about $29 000.

The matter was postponed to July 8 2014 for trial.