News / Local
Court battles ground businesswoman
01 Nov 2015 at 09:20hrs | Views
A PROMINENT Bulawayo woman who rose to become a successful businesswoman from a mere salon attendant a few years ago is singing the blues, as she has fallen on hard times - a life she would have preferred to forget.
Edith Katambarare, popularly known as "Nya or Nyarie", who used to co-own Options Boutique, is in a financial crisis, as she is reportedly locked in a series of court battles with various people and companies, whom she owes large amounts of monies.
In one of the court battles, Nyarie owes former business partner, Florence Matika
$5 950, which has reportedly led to their friendship turning sour. The two are reported to have been friends since 1990 until money came between them.
In another reported court case being handled at the High Court, Nyarie reportedly owes a local business franchise more than $50 000, which has led to her house being attached and is due to be auctioned unless she manages to settle the debt.
In court documents in possession of Sunday Leisure, it was stated that Nyarie directly owes Florence $1 950, while the
$4 000 being an amount both of them agreed on, as a buyout figure for the business.
"During the trial the plaintiff (Florence) submitted that the she and the defendant (Nyarie) were friends since 1990.
Sometime in March 2013 the defendant approached the plaintiff proposing that they engage into a business together, the plaintiff agreed. Later on the defendant agreed with the plaintiff that she sells her clothing within the premises together with the defendant. It was also agreed that the plaintiff would have her own employee to sell the clothes and remit cash to the plaintiff. Each person had their own receipt book bearing their own name. It was also a term of the agreement that the defendant would pay the plaintiff the sum of $500 for six months, since she had injected the sum of $2 600 to start the business," read part of the court documents.
It is stated in the documents that trouble arose when Nyarie started taking money from cash sales converting it to her own personal use.
"The total sum taken was $1 950 and up to date the defendant has not paid her back. As a result of the defendant's conduct their friendship broke down resulting in the plaintiff opting to walk away from the partnership because efforts to have their issues resolved had failed," read the document.
In evidence provided by Florence to the court, only $614 was deposited into her account, with $1 860 being the remaining balance.
"The plaintiff further submitted an acknowledgement of debt signed by the defendant dated 4th March 2013and titled deed of settlement. The deed of settlement indicates that the defendant acknowledges owing the plaintiff the sum of $1 950 and payment was to be in 3 instalments. The first installment was to be on the 31st of March 2014 and the defendant was to pay the sum of $1 000, 30th April 2014 $425 and 31st of May $425. The defendant further acknowledged she would buy out the defendant from the salon business by paying her the sum of
$4 000. The document was duly signed by both parties in the presence of witnesses," read the document.
However, in the same court records Nyarie denied owing Florence anything, stating that she signed the deed under "grave threat and duress" and did not exercise free will.
"The defendant filed a counter claim seeking an order declaring the deed settlement to be null and void and the cost of the suit. The order was sought on the basis that the deed settlement, which was signed on the 4th of March 2013 in which the defendant purported to be indebted to the plaintiff in the sum of $1 950 and $4 000 was signed under duress. The defendant submitted that she was compelled to sign the said document as the plaintiff illegally threatened . . . " read the court records.
Nyarie also submitted in court that she was under emotional stress from being arrested and detained only to be let out on bail.
"The defense also sought to adduce notes from the doctor, which were deemed inadmissible by the court, as they did not comply with the rules of evidence that they be in an affidavit form since the doctor was not called as a witness.
The defendant did not deny depositing the sum of $640 in the bank. She further submitted what she termed an extract from the ledger, which reflects payments made in 2013," read the document.
Nyarie however, was ordered by the court to pay the dues she owes to Florence, as her defense was found to be irrelevant.
"There is no evidence led showing that the defendant was under duress, when she made the payments especially when she was aware that she did not owe the plaintiff as she claims.
Both Florence and Nyarie could not be reached to comment on the issue, as both their mobile phones went unattended by the time of going to press.
Edith Katambarare, popularly known as "Nya or Nyarie", who used to co-own Options Boutique, is in a financial crisis, as she is reportedly locked in a series of court battles with various people and companies, whom she owes large amounts of monies.
In one of the court battles, Nyarie owes former business partner, Florence Matika
$5 950, which has reportedly led to their friendship turning sour. The two are reported to have been friends since 1990 until money came between them.
In another reported court case being handled at the High Court, Nyarie reportedly owes a local business franchise more than $50 000, which has led to her house being attached and is due to be auctioned unless she manages to settle the debt.
In court documents in possession of Sunday Leisure, it was stated that Nyarie directly owes Florence $1 950, while the
$4 000 being an amount both of them agreed on, as a buyout figure for the business.
"During the trial the plaintiff (Florence) submitted that the she and the defendant (Nyarie) were friends since 1990.
Sometime in March 2013 the defendant approached the plaintiff proposing that they engage into a business together, the plaintiff agreed. Later on the defendant agreed with the plaintiff that she sells her clothing within the premises together with the defendant. It was also agreed that the plaintiff would have her own employee to sell the clothes and remit cash to the plaintiff. Each person had their own receipt book bearing their own name. It was also a term of the agreement that the defendant would pay the plaintiff the sum of $500 for six months, since she had injected the sum of $2 600 to start the business," read part of the court documents.
It is stated in the documents that trouble arose when Nyarie started taking money from cash sales converting it to her own personal use.
"The total sum taken was $1 950 and up to date the defendant has not paid her back. As a result of the defendant's conduct their friendship broke down resulting in the plaintiff opting to walk away from the partnership because efforts to have their issues resolved had failed," read the document.
"The plaintiff further submitted an acknowledgement of debt signed by the defendant dated 4th March 2013and titled deed of settlement. The deed of settlement indicates that the defendant acknowledges owing the plaintiff the sum of $1 950 and payment was to be in 3 instalments. The first installment was to be on the 31st of March 2014 and the defendant was to pay the sum of $1 000, 30th April 2014 $425 and 31st of May $425. The defendant further acknowledged she would buy out the defendant from the salon business by paying her the sum of
$4 000. The document was duly signed by both parties in the presence of witnesses," read the document.
However, in the same court records Nyarie denied owing Florence anything, stating that she signed the deed under "grave threat and duress" and did not exercise free will.
"The defendant filed a counter claim seeking an order declaring the deed settlement to be null and void and the cost of the suit. The order was sought on the basis that the deed settlement, which was signed on the 4th of March 2013 in which the defendant purported to be indebted to the plaintiff in the sum of $1 950 and $4 000 was signed under duress. The defendant submitted that she was compelled to sign the said document as the plaintiff illegally threatened . . . " read the court records.
Nyarie also submitted in court that she was under emotional stress from being arrested and detained only to be let out on bail.
"The defense also sought to adduce notes from the doctor, which were deemed inadmissible by the court, as they did not comply with the rules of evidence that they be in an affidavit form since the doctor was not called as a witness.
The defendant did not deny depositing the sum of $640 in the bank. She further submitted what she termed an extract from the ledger, which reflects payments made in 2013," read the document.
Nyarie however, was ordered by the court to pay the dues she owes to Florence, as her defense was found to be irrelevant.
"There is no evidence led showing that the defendant was under duress, when she made the payments especially when she was aware that she did not owe the plaintiff as she claims.
Both Florence and Nyarie could not be reached to comment on the issue, as both their mobile phones went unattended by the time of going to press.
Source - sundaynews
