Popular cleric Tapiwa Freddy was in no show at the Kadoma magistrates court during the trial of property developer Kudakwashe Taruberekera whom he is accusing of illegally revoking a deed donation.
Popularly known as Prophet Freddy, the man of God and other witnesses in the case were conspicuous by their absence at the trial before Kadoma magistrate Kumbirai Nyika.
However, Nyika moved the case to April 23.
This publication could not ascertain why Freddy failed to turn up at the courts and his lawyer Jivas Mudimu of Mudimu Law Chambers said he was driving and could only talk after 30 minutes.
Efforts to reach out to him after 30 minutes hit a brick wall as he did not pick up calls.
Freddy dragged the property developer to court after he revoked the donation of a piece of land.
The cleric also approached the High Court seeking to bar Taruberekera and his company Craft Properties from facilitating the transfer of that piece of land to someone else pending a court ruling.
Taruberekera and Craft Properties, Winston Guyo, Winsten Precast (Pvt) Ltd, Liu Juan, Xiao Xiangjun, Liu Ri and City of Kadoma are cited as respondents.
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In the application Freddy said sometime in 2016, Taruberekera approached him and offered to donate to him four stands, one of which was to be in the names of Freddy’s church — Goodness and Mercy Ministries.
Freddy said the donation was in appreciation and out of gratitude for ministry work.
According to court papers, Freddy has filed a similar case in two different courts with varying charges and claims.
In the first case, Freddy approached the Zimbabwe Anti-Corruption Commission (Zacc) in Chinhoyi where he reported a fraud charge of one stand, Plot No 7510 of Number 5 Mandalay of Sabonabona Farm and when the case was transferred to Kadoma, it was changed from fraud to theft with the cleric alleging that he was deprived of five stands.
However, in the case before the civil courts, (the magistrate and High Court) Freddy claims he was deprived of four stands.
In one of the cases, under CR Ref MWCR 02/08/24 before the Kadoma magistrate courts, Taruberekera is charged with the crime of theft as defined in Section 113 of the Criminal Law (codification and reform act) Chapter 9:23.
In the application, Freddy said he was promised five stands instead of the four he mentioned when he filed an interdict pendente lite (pending litigation) application at the High Court seeking to bar the property developer from facilitating the transfer of a piece of land that he had donated to the cleric pending a court ruling.
However, Taruberekera in his opposing affidavit after Freddy filed an interdict pendente lite (pending litigation) application at the High Court claiming that Freddy derives gratification in abusing court processes.
“He now has four proceedings arising from the same act,” Taruberekera said.
“These being the criminal case, the condonation he alleges, the present application and the one for a declaratur.
“Such a splitting of claims is not only unlawful, but exhibits a desperate desire to harass, but throwing everything and anything hoping something will hit a target.”
Taruberekera is yet to respond to the theft charges.
He denies the allegations.
