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Thandeka Moyo Court Reporter
A BULAWAYO businessman has been fined $1,000 for trying to con his partner out of 750 shares in Eyeland Trading Pvt Ltd.

Wishes Nyoni from Fortunes Gate pleaded not guilty to one count of fraud when he appeared before Regional magistrate Chrispen Mberewere last Friday.

But Mberewere convicted Nyoni saying the evidence led in court was enough to prove the State’s case.

He ordered him to pay the $1,000 fine before August 5, on top of which he gave him a wholly suspended six months sentence.

Nyoni had tried to cheat his business partner Davis Muhambi of the shares.

“In coming up with your sentence, the courts considered that imposing community service might cause you to suffer job loss. You’re therefore ordered to pay a $1,000 fine. If you fail, you’ll spend three months in prison. Further six months are suspended for five years on condition of good behaviour,” said magistrate Mberewere.

Trust Muduma for the State told the court that sometime during the month of January 2012, Nyoni approached the registrar of companies at Tredgold building in Bulawayo and misrepresented himself as the secretary for Eyeland Trading Private Limited.

“He tried to file a CR2 form (allotment of shares) in which he had fraudulently allotted himself 750 shares and 749 to Davis Muhambi, the sole shareholder of the company. Armed with the fraudulent CR2 form which entitled him to the majority of shares, Nyoni through his lawyers Phulu and Ncube Legal Practitioners, proceeded to the Registrar at the High Court and sought the liquidation of the said company,” said Muduma.

Muduma said in March 2015, interim relief was granted to the effect and Bongani Ndlovu of Chemsford executors and Trusts was subsequently appointed.

“The offence came to light in November last year when Muhambi was served with court papers and went on to peruse the file at the High Court and discovered the fraudulent CR2 Form. As a result of Nyoni’s actions, the complainant suffered a potential prejudice of $375,186, 63.”