Brighton Chiseva
David Dzatsunga, one of the Ziya Arts Cultural
Trust, trustees who had been suing the other three trustees that included David
Mubaiwa popularly known as Vharazipi has withdrawn his case.
Trust, trustees who had been suing the other three trustees that included David
Mubaiwa popularly known as Vharazipi has withdrawn his case.
The other two trusts whom Dzatsunga was suing
are Wellington Chindara and Kumbirai Chikonye.
are Wellington Chindara and Kumbirai Chikonye.
Vharazipi and his colleagues were facing a
$218 000 lawsuit for compact discs (CDs) that he allegedly sold on behalf of
Ziya Cultural Arts Trust but converted the money to his own personal use.
$218 000 lawsuit for compact discs (CDs) that he allegedly sold on behalf of
Ziya Cultural Arts Trust but converted the money to his own personal use.
According to the notice of
withdrawal, Ziya Cultural Arts Trust, as the plaintiff, withdrew all the
charges at the end of last month.
withdrawal, Ziya Cultural Arts Trust, as the plaintiff, withdrew all the
charges at the end of last month.
“Take notice that the plaintiff
on this 30th day of October 2018 withdraws all the five claims filed
against the defendants in this matter,” reads the notice.
on this 30th day of October 2018 withdraws all the five claims filed
against the defendants in this matter,” reads the notice.
Dzatsunga had, at one point, obtained
a default judgement where several goods belonging to Vharazipi were attached
but the comedian later managed to obtain an interdict through his lawyer
Yolanda Chandata.
a default judgement where several goods belonging to Vharazipi were attached
but the comedian later managed to obtain an interdict through his lawyer
Yolanda Chandata.
On the latest developments, Chandata
said they had managed to convince the pretrial conference that Dzatsunga had no
case.
said they had managed to convince the pretrial conference that Dzatsunga had no
case.
In his defence, Vharazipi and his
fellow defendants pointed out that Dzatsuga was a mere trustee who could therefore
not sue the other three in the name of the trust.
fellow defendants pointed out that Dzatsuga was a mere trustee who could therefore
not sue the other three in the name of the trust.
They also argued that they had
not produced the number of copies which Dzatsunga claimed and there was no way
they could have sold all the copies produced.
not produced the number of copies which Dzatsunga claimed and there was no way
they could have sold all the copies produced.
It is in this light that
Dzatsunga saw that he had no case and decided to withdraw all the charges.
Dzatsunga saw that he had no case and decided to withdraw all the charges.
