By Bulawayo Correspondent
EMBATTLED former Vice President Phelekezela Mphoko and his son, Siqokoqela have dragged Welshman Ncube to court for allegedly failing to pay them $ 1 452 208.50 which the lawyer received from Choppies Enterprise while representing the two.
Through his law firm, Ncube Law Chambers, the legal practitioner early this year represented the Mphokos in their legal wrangle with their Botswana headquartered former based business partners, Nanavac Investment T/A Choppies Supermarkets.
According to court papers filed at the Bulawayo High Court by Phelekezela Mphoko (1st plaintiff) and Siqokoqela (2nd plaintiff), between the 1st of January and 9th January 2019, Ncube received the sum of US$2 900 000-00 from Choppies Enterprises Ltd for and on behalf of the plaintiffs.
The MDC vice president was acting in his capacity as their attorney under a contract of mandate and having separately been contracted to do so in a written addendum to a settlement agreement signed between the plaintiffs, Choppies Enterprises Ltd and the defendant on the 11th of January 2019.
“At all material times, the plaintiffs were shareholders in Choppies Enterprise Ltd and the sums of money at issue were received by the defendant in trust as consideration in a transaction wherein the plaintiffs were pressured to purportedly dispose of their shares in exchange for a withdrawal of criminal charges against the 2nd plaintiff’s wife,” reads part of the claim.
“The defendant confirmed to plaintiffs that he received for and on behalf of the plaintiffs the full amount from Choppies Enterprises and upon request from the plaintiffs the defendant paid the sum of $517 500.00 to the 1st plaintiff, leaving a balance of $832 500.00 and a sum of $730 219.00 to the 2nd plaintiff, leaving a balance of $619 708.5.”
The Mphokos say that Professor Ncube has refused to release the balance to them.
“Despite demand, the defendant has failed, neglected and or refused to pay the aforesaid balances of $832 500.00 to the 1st plaintiff and $619 708.50 to the 2nd plaintiff,” further reads part of the Mphokos’ court application.
The plaintiffs are also demanding payment of interest at the prescribed rate of 5% interest per annum from the 16th of January 2019 up to the date of payment in full.
They are also demanding payment of costs of suit on an attorney and client scale.
Ncube is yet to file his own papers.