Musician Utsiwegota sued over $24k debt

HARARE - Popular musician and producer Innocent Utsiwegota has been dragged to the High Court after failing to pay back $24 000 that he borrowed from a Tynwald woman in 2012.

According to court papers, Utsiwegota borrowed $40 000 from Doren Nerwande.

He reportedly paid back $2 000 in December 2015 and a further $3 000 in April 2016, before leaving another substantial amount.

“On July 4, 2016, defendant (Utsiwegota) signed an acknowledgment of debt in favour of the plaintiff for the balance of the debt in the sum of $35 000.

“In terms of the acknowledgment of debt, the principal debt in the sum of $35 000 was to be paid as follows: $1 000 on or before 7th of August 2016 and every 7th of each calendar month thereafter until the debt is settled,” the court heard.

According to court papers, in the event of the breach of one instalment on the due date, the whole principal amount would become overdue and payable immediately.

The 'In my dreams' singer also undertook to pay interest at the rate of five percent per month in the event of the breach from the date of default to the date of final payment, according to the agreement.

The parties also agreed that in the event of litigation arising, Utsiwegota would pay the costs of the suit, including the collection commission.

“Of the acknowledged sum of $35 000 defendant paid the sum of $10 600 leaving an outstanding balance of $24 500. In breach of the terms of the acknowledgement of debt, defendant failed to effect payment in the sum of $1 000 on the 7th of February 2017.

“By consequence of his breach, defendant is liable to plaintiff for the outstanding balance of $24 400, interest thereon at the agreed rate of five percent per month, costs of suit on a higher scale of legal practitioner and client as well as collection commission in terms of the Law Society by-laws,” the court heard.

According to Nerwande, despite numerous demands, Utsiwegota has failed, refused and neglected to pay the sum being demanded.

Utsiwegota is yet to respond to the application filed last Friday.

Comments (2)

yaaa wotoita plan focus n you will pay chinodiwa kuronga uende nemagaya unobatsirika career yako ukaenda kumberi

g40 - 27 September 2017

Ndiwe wadii hako zvakatanga nenyika, they over borrowed to finance their populist policies and went further to loot the borrowed money. Now the country is on its knees. As we speak they are printing the USD thru TBs thereby borrowing again from the domestic market and defaulting until the tbs become worthless. So this cancer of borrowing and not honoring your debt obligations spread from the gvt to the citizens. Where in this world would one charge 5% per month (60% per year) for defaulting on USD. Amana this is crazy, tikutamba neUS dollar. That currency is hard currency, you cant charge more than 5% per year as interest on it, all these rates our lenders have been charging are out of this world . They promote clients from defaulting ( banks charge 18% per year on US dollar, Micro Finance charge 10% per month). We are a rogue nation.

larry hoover - 28 September 2017

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