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Yeukai Karengezeka Court Correspondent

Harare lawyer Norman Mugiya who was facing allegations of converting US$540 given to him by his client to pay the Sheriff at the High Court to execute an award order has been acquitted by the courts.

Mugiya was facing theft of trust property charges before Harare Magistrate Ms Ntombizodwa Sibanda.

The complainant is Nyarai Chinguruwe of Mufakose in Harare.

Mugiya who was represented by Mr Kingstone Mkanganwi was found not guilty and acquitted after a full trial.

In her ruling, magistrate Sibanda said from the evidence tendered before the court it was clear that there was a trust agreement between the complainant and the accused.

“In terms of the contingency agreement, it was clear the complainant had an obligation to pay disbursements. The complainant was not truthful in her evidence that she had no duty to pay for disbursements in terms of the contingency agreement,” she said.

She added that the sum of US$540 was not sufficient to cover attachment fees and removal fees adding that the $698 for removal fees was raised by the deputy sheriff after the complainant never paid for the removal fees in terms of the contingency agreement.

She gave evidence which was at variance with the exhibits which were tendered through her.

Magistrate Sibanda also said it was clear from the evidence that two applications were done by the law firm on behalf of the complainant that is interpleader proceedings opposed on her behalf and an application to attach property, therefore, part of the money she paid was channelled towards disbursements.

It was the State’s case that sometime during 2017, Chinguruwe engaged Mugiya’s legal services and instructed him to recover her late husband’s backlog salary amounting to US$2 175 from Kingstons (PVT) LTD where he was employed before his death.

The court heard that Mugiya won the court order under High Court case number 7676 17.

In a quest to recover the aforementioned backlog salaries, stationery of an undisclosed value was attached as per the removal assessment form dated November 9, 2018.

It was further alleged that Mugiya then made Chirunguwe pay fees amounting to US$540 which was required by the Deputy Sheriff for the execution of property against Kingstons P/L.

The court heard that on July 24, 2018, Chinguruwe paid Mugiya the said amount and was issued a receipt number 2045 dated July 24, 2018.

Mugiya then asked Chinguruwe to supply her with banking details where proceeds from the auction of the stationery would be deposited.

Chinguruwe supplied banking details where the funds would be deposited.

Over time, Chinguruwe noticed that no funds had been deposited into her bank account and she proceeded to the High Court where she was told that she did not pay the required removal fees of US$540.

Investigations revealed that the said property was attached but was not removed as Chinguruwe had not paid removal fees.

A comment from the Judicial Service Commission was requested and confirmed that the money was not paid.

The State alleged that Mugiya unlawfully and intentionally collected payment amounting to US$540 from Chinguruwe and nothing was recovered.