Supply: Prophet Freddy accused of ‘legal bullying’ – The Standard
PROMINENT property developer Kudakwashe Taruberekera says the transfer taken by cleric Tapiwa Freddy in approaching the Zimbabwe Anti-Corruption Fee (Zacc) for a case that had nothing to do with corruption is a malicious transfer calculated to harass and intimidate different events.
Taruberekera, the chief govt officer of Craft Properties, mentioned this in his opposing affidavit after Freddy had filed an interdict pendente lite (pending litigation) on the Excessive Court docket looking for to bar the property developer from facilitating the switch of a chunk of land that he had donated to the cleric pending a court docket ruling.
Taruberekera and Craft Properties, Winston Guyo, Winsten Precast (Pvt) Ltd, Liu Juan, Xiao Xiangjun, Liu Ri and Metropolis of Kadoma are cited as respondents.
Within the utility Freddy mentioned someday in 2016, Taruberekera approached him and provided to donate to him 4 stands, certainly one of which was to be within the names of Freddy’s church – Goodness and Mercy Ministries.
Freddy mentioned the donation was in appreciation and out of gratitude for ministry work.
“I accepted the provide and a deed of donation was executed between first respondent and myself in respect of one of many properties often called Plot No 7510 of Quantity 5 Mandalay of Sabonabona Farm, Kadoma,” he mentioned.
Freddy mentioned someday in November 2019, Taruberekera instructed the Metropolis of Kadoma to alter possession of the mentioned property from its names to his names by way of the deed of donation, which was efficiently carried out.
The cleric mentioned he solely bought to know that the property was not in his identify within the Metropolis of Kadoma information after he had despatched his messenger to the native authority to inquire concerning the payments and charges.
“I instantly approached the Zimbabwe Anti-Corruption Fee (Zacc) and on January 28, I made a report with Zacc with reference being RRB No 006443,” Freddy famous in his utility.
“Via inquiries carried out by Zacc and paperwork supplied by the primary respondent (Taruberekera and Craft Properties) to Zacc, I found that on March 9, 2021 the seventh respondent (Metropolis of Kadoma) modified the possession of the property in its information from my names to second respondent (Guyo)’s names with out notifying me both earlier than or after the very fact.”
Freddy claims Taruberekera had written a letter to the Metropolis of Kadoma claiming that the cleric had didn’t honour his obligation by way of the settlement.
He mentioned council needed to switch the identify of the property from Freddy to Taruberekera and Craft Properties.
Nonetheless, Taruberekera in his opposing affidavit claims Freddy’s transfer to strategy Zacc was calculated to intimidate different events.
“The motion taken by the applicant reveals that he knew that he was not the proprietor and wished to make use of the Zimbabwe Anti-Corruption Fee to resolve civil disputes,” Taruberekera mentioned.
“There is no such thing as a authorized foundation for involving Zacc in circumstances defined by the applicant.
“Approaching Zacc was a malicious transfer calculated to intimidate. As a substitute of approaching Zacc one would have anticipated the applicant to strategy the donor to determine the right information.
“Understanding that the donation was revoked, Zacc was deliberating to harass and intimidate different events.
“Suffice is to say the applicant having handled the primary respondent maliciously and rongfully precipitated the arrest of the deponent and the primary respondent on this civil case alleging non-existent fraud.”
Taruberekera mentioned he was shocked that the report was made to Zacc for a case of fraud when the difficulty was concerning the revocation of a donation.
The property developer mentioned to additional harass him, the matter was reported in Chinhoyi when the property and events in addition to the case arose in Kadoma.
“The case has since been referred to Kadoma, however the hurt has already been carried out since I used to be arrested and detained for an evening whereas I’m solely a CEO of first correspondent and never first respondent,” Taruberekera mentioned.
“He had no foundation for inflicting my arrest and detention.”
Taruberekera claims that Freddy was conscious of the revocation of the donation and repossession of the mentioned property for a very long time.
“Has additionally realised that his declare of difficult revocation had been prescribed and thought he may revive it via Zacc,” he mentioned.
“Such an act of desperation is unlucky, particularly from a pastor. This stays a purely civil case during which the applicant’s declare has no benefit.”
The land developer claims Freddy derives gratification in abusing court docket processes.
“He now has 4 proceedings arising from the identical act,” Taruberekera mentioned.
“These being the felony case, the condonation he alleges, the current utility and the one for a declaratur.
“Such a splitting of claims will not be solely illegal, however displays a determined want to harass, however throwing all the things and something hoping one thing will hit a goal.”
Taruberekera mentioned the court docket can’t grant the aid sought based mostly on prescription and revocation of the donation.
