A Harare business woman has dragged her controversial business partner to court in a bid to recover her equipment worth over USD$40 000 that was converted to her partners personal gain.
Karen Bernadine Culfear approached the High Court seeking a Rei vindicatio order against ‘controversial’ businessman Tendai Chaponda who went behind her back and started a company with the equipment she had purchased failing to give her shares or acknowledgment in the company.
A Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff’s possession of the thing.
According to court papers submitted to the High Court, Culfear met Tendai Chaponda in person in Harare in 2018 and they had discussions to the effect that she would purchase all business equipment after an agreement to start a company.
The two allegedly went to China to help each other to identify the said equipment, with Culfear meeting all the costs.
Upon arrival in China, Culfear paid US$34 790 for the equipment and on November 5 when the consignment arrived in Zimbabwe she paid another USD$11 000 for duty through Chaponda as she transferred the amount into his account.
After the equipment was safely in the country, Chaponda became evasive.
Chaponda went on to open a company, Ominal enterprises which he is currently running and has been cited as the second respondent in the matter pending before a High Court judge.
Chaponda failed to give Culfear an audience or to return her property prompting her to approach the courts for legal assistance.
She went on to press criminal charges against him and he will appear before a Harare magistrate on June 5.
The same Chaponda is believed to have been named in the Dynamos Jersey theft scandal of 2015.
Reports point to that he was dragged to court in 2016 by the MDC-T legislator, Priscilla Misihairabwi-Mushonga who was struggling to recover her vehicle, a Jeep Cherokee from him.