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The High Court has stayed proceedings in the matter of two men who allegedly defrauded OB Plus Trading (Pvt), Ltd of 360 tonnes of maize.
This comes after the accused’s defence applied for a review of a ruling which dismissed their application for exception.
Tendekai Hove (38) who is a lawyer and Meng Dong are facing charges of fraud and another of defeating or obstructing the course of justice.
The matter was stayed pending review of the ruling by the High Court.
The court heard that sometime in March 2020, the complainant’s company OB Plus Trading (Pvt) Ltd entered into an agreement with Pfumo Capital (Pvt) Ltd concerning the importation of maize from South Africa for sale locally, with Hugh Sibanda acting as a liaison between the two entities.
It is alleged that pursuant to the agreement, OB Plus (Pvt) Ltd imported 1000 tonnes of maize from South Africa and the maize was stored at a warehouse belonging to Metro Milling (Pvt) Ltd.
Sibanda allegedly disposed 360 tonnes of the maize valued at US$131 400 without authorisation from OB Plus Trading (Pvt) Ltd and when the complainant confronted him, he said the maize had been sold by Pfumo Capital (Pvt) Ltd. He promised to pay once Pfumo Capital (Pvt) Ltd received payment for the maize.
The court heard that in a bid to cover up for the offence which had been committed by Sibanda, Hove who was his lawyer wrote to the complainant purporting to have been instructed by Pfumo Capital (Pvt) Ltd to pay the complainant a sum of Us$131 400 upon being paid by a third party with whom Pfumo Capital (Pvt) Ltd had a pending transaction.
Hove and Sibanda then approached Dong and requested him to sign a false acknowledgement of debt wherein Dong was acknowledging owing Pfumo Capital the sum of US$131 400.
Prosecution told the court that when the accused persons authored the documents, they both knew that they had not been given any instruction by Pfumo Capital (Pvt) Ltd to promise to pay the complainant. The accused, said prosecution, knew that Credence Mining did not owe any money to Pfumo Capital (Pt) Ltd but only intended to make OB Plus Trading (Pvt) Ltd to act upon the misrepresentation and stop pursuing their legal rights against Sibanda who had stolen their maize.
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