Pastor tries to evade repaying a US$22,750 loan

A retired pastor who tried to evade repaying a US$22,750 loan by falsely claiming illiteracy has lost his case at the High Court, which ordered him to settle the debt and declared his Budiriro house executable.

Judges of appeal Justices Hapias Zhou and Benjamin Chikowero ruled that Pastor Stefan Pios Mumbiro knowingly signed all loan and mortgage documents binding him to businessman Collins Farai Muchada but later attempted to take advantage of his supposed illiteracy to escape liability.

"The first respondent was not illiterate. He was educated up to Grade 7, could read and write, and even successfully undertook pastoral studies," the judges said. "He cannot evade responsibility by pretending not to understand what he signed."

The court condemned Mumbiro's conduct, stating that he had taken advantage of Muchada's trust while later seeking to hide behind false claims of being duped. Evidence before the court showed that Mumbiro willingly signed an Acknowledgement of Debt, a Power of Attorney to register a Mortgage Bond, and other loan documents, all of which were verified by a handwriting expert.

"The only credible evidence on record was that adduced by the appellant himself, amply corroborated by the Questioned Document Examiner, the Acknowledgement of Debt, the Power of Attorney to Pass Mortgage Bond, the Mortgage Bond, and the Forensic Examination Report," Justice Chikowero said.

The judges found that Mumbiro's defence crumbled under cross-examination when he admitted signing blank papers, describing the act as a deliberate attempt to distort facts and mislead the court. They cited the legal principle of caveat subscriptor, reminding litigants that "a party to a contract is bound by his signature, whether or not he has read or understood the document."

Justice Chikowero also criticised the lower court for allowing Mumbiro "to eat his cake and still have it" by accepting contradictory statements about how much he borrowed.

As a result, the High Court ordered Mumbiro to repay US$22,750 plus interest and costs and ruled that his Budiriro home, Stand 2308 of Willowvale Estate, be declared specially executable should he fail to pay.

In their judgment, the judges issued a stern warning to others attempting similar deceit. "The loud and clear message to go out from the court is: businessmen beware. If you fail to honour your contracts, don't start crying when the other party obtains an order compelling you to perform."

Mumbiro had earlier accused Muchada of being "a fraudster who wants to con me of my house," but the judges found no proof to support his claims.

The case originated at the Harare Magistrates' Court, where Mumbiro initially won after convincing the magistrate that he was illiterate and had been deceived. However, the High Court overturned that decision, ruling that Mumbiro had instead abused the court's sympathy and his position as a retired pastor to avoid his legal obligations.