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Buyanga wins US$283,000 debt row

by Staff reporter
21 Jul 2020 at 09:01hrs | Views
A HARARE couple has withdrawn its petition for civil imprisonment against South Africa-based businessman, Frank Buyanga over a 2016 debt of US$283 000.

Tawanda Jakachira and his wife Winnie had approached the High Court seeking an order of civil imprisonment against Buyanga accusing him of failing to honour his debt. When the parties, through their legal counsel, appeared before Justice Mary Dube last week, they agreed to withdraw the civil imprisonment proceedings resulting in the judge granting a consent order with the Jakachiras to pay the costs of suit.

The Jakachiras sought to recover US$283 000 allegedly owed by Buyanga, a contention which Buyanga through his lawyers Rubaya and Chatambudza, had strenuously opposed. After Buyanga refused to pay, the couple sought civil imprisonment against him.

This prompted the court to order Buyanga to appear and explain his failure to pay the debt, which had allegedly accrued from a judgment issued in February 2016, and convince the court why civil imprisonment could not be enforced against him. The court also instructed him to bring evidence of his earnings, income from wages, salaries and any other sources of income.

This would result in the court conducting an inquiry into Buyanga's financial position and consider giving him further time to pay in instalments over a specified period, adding that if he failed to avail himself to explain, Buyanga risked incarceration.

Through his lawyer Mr Admire Rubaya, Buyanga contested the order against him disputing the manner it was obtained and he insisted he did not owe the couple a penny as would be established in court.

The case had been dragging on over the past four years. In his defence against the couple's claim, Buyanga argued the matter arose from a purported sale of shares and subsequent arbitration proceedings, which culminated in the attachment of his immovable property and their possible sale. He argued that the Jakachiras alleged they paid a purchase price of US$120 000 to him for the shares but had failed to produce genuine proof of payment only a letter he considered fraudulent.

Further, it was Buyanga's argument that since no money was paid to him, there was no way the Jakachiras could be refunded what he had not received.

In addition, he said the fact that a report had been made to the police and was being investigated meant that there was a possibility of criminal prosecution.

Source - the herald
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