Michael Mashiri
A lawyer, who allegedly defrauded US$154 311.20 from a client, has appeared in court.
Simplisius Julius Chihambakwe, 78, of Chisipite appeared before magistrate Marehwanazvo Gofa at the Harare Magistrates’ Courts on allegations of theft of trust property.
The complainant in this matter is Tsungirirayi Banga Mandizvidza, a beneficiary to the estate of her late parents namely Chrispen Purisa Mandizvidza and Auxillia Maema Mandizvidza.
The State, through prosecutor Pardon Dziva, alleges that on March 20, 2014, the beneficiaries to the estate, registered it under DR number 1471/06 and DR Number 453/08, and resolved to sell some properties, with a view to alleges pay the Master of the High Court in order to finalise the winding up of the deceased's estates.
They resolved to sell the company assets, two buildings and some equipment and the information was passed to the executor to comply as per the request.
The sale realised US$154 311.20 which was allegedly held in trust by Chihambakwe, who confirmed to the beneficiaries that he held the money in his trust account.
Instead of paying the Master's fees as requested, Chihambakwe allegedly allocated the trust money to various files to offset outstanding legal fees, which had nothing to do with Master's legal fees as per instructions from the beneficiaries.
After that, Mandizvidza allegedly paid the the Master with her own money inorder to finalise the winding up of the estate.
As a result, Chihambakwe allegedly used the money to set off legal fees other than the intended purpose, causing Mandizvidza to allegedly lose US$154 311.20 and nothing was recovered.
Mandizvidza will appear in court on November 22.
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