By Daniel Nemukuyu
A senior police officer has filed a US$37 250 lawsuit against United Family International Church founder Prophet Emmanuel Makandiwa after he allegedly failed to fully pay for the house sold to him last year.
Senior Assistant Commissioner Annamore Jamu, who is a medical doctor in the police force, claims the prophet has refused to pay for the house he is currently occupying in Borrowdale.
The police officer claims she sold to Prophet Makandiwa House Number 42 Duiker Crescent Borrowdale West for US$280 000 but she only received US$242 750, leaving a balance of S$37 250.
Snr Asst Comm Jamu on Tuesday filed summons at the High Court claiming her balance. In the summons prepared by Venturas and Samukange law firm, the senior police officer is claiming US$37 250 together with interest.
She is also seeking to be awarded costs of the lawsuit. According to the plaintiff’s declaration, the two on January 6 last year entered into an agreement of sale for the Borrowdale property.
Prophet Makandiwa agreed to buy the house for US$280 000 and the agreement was put in writing. Both parties signed the agreement and the purchase price was paid in instalments.
A deposit of US$172 750 was paid on the date when the agreement was signed and it was paid through Prophet Makandiwa’s lawyers Mushangwe and Company.
On January 31 2011 an additional US$70 000 was paid to the senior police officer, making a total of US$242 750. That left a balance of US$37 250, which up to now has not yet been paid.
Snr Asst Com Jamu said she resorted to filing the summons after several attempts to recover the money had failed. “Despite numerous demands, the defendant has refused, failed or neglected to pay the said amount,” read the declaration.
Prophet Makandiwa’s lawyer Mr Nickiel Mushangwe of Mushangwe and Company said his client was yet to be served with the papers.
Upon being briefed of the nature of the claim Mr Mushangwe said Snr Asst Com Jamu was not being honest and that the prophet would soon file his opposing papers.
“My client has not yet been served with the summons but from what you are saying, the plaintiff is not telling the truth. We will obviously oppose the application. Our arguments will be detailed in the defendant’s plea to be filed at the High Court,” said Mr Mushangwe. The Herald