Harare Businessman Wins US$1.3m Lawsuit Against Partners
Harare businessman Mr Ofer Sivan has won a default High Court order for a reimbursement of US$1.3 million plus the removal of his two business partners from the directorships of his company over alleged fraud.
He is in a dispute with business partners Mr Gilad Shabtai and Mr Munyaradzi Gonyora over control of Adlecraft Investments.
The two directors are accused of underhand dealings and defrauding the company of more than US$1.3 million between January and August 2021.
Justice Tawanda Chitapi granted Sivan the order declaring Shabtai and Gonyora to have committed acts of fraud against the Adlecraft Investments from March to August last year.
Justice Chitapi also ordered the duo to reimburse the company for misappropriated funds of approximately US$1 300 000.
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He also ordered the removal of the pair from the directorship of Adlecraft Investments with immediate effect and allowed Mr Sivan to appoint other directors for Adlecraft Investments. The Herald cites him as saying:
The defendants, Gilad Shabtai and Munyaradzi Gonyora, jointly and severally the other one being absolved to reimburse the said USD1,300,000 into Adlecraft Investments denominated account at the prevailing interbank rate.
The defendants, Gilad Shabtai and Munyaradzi Gonyora, jointly and severally the other one being absolved to pay interest on the USD1,300,000 to be paid at 5 percent per annum from the date of the summons to the date of payment.
Sivan has been fighting with the duo for over a year now.
Sivan approached the courts when they failed to turn up for the civil court hearings, and won everything he asked for in a default judgment.
However, the two are disputing that they were aware of the set-down date and state they will contest the decision to award a default order.
Allegations are that Belinda Shumirai Mutengwa, then a 36-year-old employee with GetBucks together with Gilad Shabtai and Munyaradzi Gonyora opened a conduit account with Getbucks for Adlecraft Investment without a resolution from the board of directors.
Mutegwa allegedly authorised the system and opened a Foreign Currency Account (FCA) without following all the requirements for opening a corporate account. The account was fraudulently opened without the knowledge of the director Ofer Sivan.
Without the authority of either the board or shareholder, Gilad Shabtai wrote a letter to the chief executive of Zimbabwe Consolidated Diamonds Company (ZCDC), a company which owed the complainant, requesting that the money owed be deposited into the fraudulently opened GetBucks account which was to be used as a conduit account.
Shabtai and Gonyora transferred the money from the GetBucks account into a South African registered account with Investec bank belonging to Shabtai’s company purporting to be paying for mining equipment that had already been paid for.
As a result of the accused’s actions, the complainant suffered prejudice of US$1 300 000.