Businessman Chimutashu fails to present witness in rent arrears saga
CONTROVERSIAL businessman and owner of EBA Insurance Private Limited, Malvern Chimutashu appeared in court Thursday and failed to exonerate himself over failure to pay rent for almost a year at premises where his company operates in Mt Pleasant.
The complainant in the matter is top banker Lawrence Tamayi who is seeking recourse Chimutashu’s suspected wilful default to honour his contractual dues for a period of ten months.
When asked on why he did not bring a witness as he had promised the court in his application for trial postponement, Chimutashu argued that he was being denied access to court records by the clerk of court.
” I am being denied access to court records and I am incapacitated to present the witness until such time I am granted access to the records which I believe are supposed to be public document,” submitted Chimutashu.
The magistrate challenged him to present the witness and the businessman insisted that he will file another appeal to challenge the magistrate’s ruling.
Tamayi’s legal counsel told the court that as long as the matter was sub judice, it was the State’s discretion to avail the records in question.
Chimutashu occupied Tamayi’s property in Mt Pleasant through his insurance company ,EBA Insurance.
On Thursday in court, he told the magistrate that he was a mere pawn acting on behalf of his principals and he went on to get Tamayi arbitrarily arrested for purportedly absconding court , a claim he vehemently refuted.
The police then disowned the warrant of arrest against Tamayi , meaning it was manufactured by Chimutashu.
The matter was postponed to November 22 on condition that Chimutashu presents the witness that he promised the court , failure of which he will be in contempt.
The businessman is no stranger to controversy and has been a guest to the State for the umpteenth time.