Businessman faces jail over $4,7m debt

HARARE - Harare businessman Munner Kamruddin Kazi is facing jail after his former business partner Oman-based investor Thamer Said Al Shanfari filed for his imprisonment for failing to pay back a $4, 7 million debt.

In the summons for civil imprisonment filed by his lawyer Everson Samukange from Samukange Hungwe Legal Practitioners, Shanfari, wants Kazi to be jailed for failing to pay back the money.

“You the defendant, of 93 Tredgold Drive, Lincoln Green, Belvedere, Harare, are called upon to pay the plaintiff the sum of $4 750 000 with interest thereon at the prescribed rate of five percent per annum from 17 December 2012 to date of payment in full together with collection commission on $4 750 000 in terms of the by-laws of the Law Society of Zimbabwe and costs on an attorney and client scale,” part of the summons read.

According to the summons, Kazi is being asked to pay the money owed in terms of a High Court judgment secured in October 2015.

However, the lawyers have been experiencing problems in serving the summons to Kazi, citing political interference. After giving the Sheriff instructions to serve the summons on November 30, the process was only carried out last Saturday. The lawyers went back and forth in their quest to have the summons served, resulting in them writing at least two letters to the Sheriff, enquiring on what was holding up the process.

“Defendant (Kazi) has on numerous occasions boasted to our client that he is untouchable and has political connections in the government system,” the lawyers said in a letter to the Sheriff dated December 3, 2018.

On December 7, the lawyers wrote another follow up letter, claiming their client was facing resistance through political intimidation, interference and hurdles in having the summons served.

“This letter serves to inquire from your esteemed office whether the Sheriff’s office is logistically incapacitated to serve simple summons for civil imprisonment or that there are other reasons that cannot be shared with our client,” the lawyers queried.

While Shanfari’s lawyers have managed to attach a few properties belonging to Kazi a few weeks ago, the businessman has also filed an interpleader application, claiming the items attached belong to his wife.

According to an inventory seen by the Daily News, some of the items that were attached include chairs, fridges, a washing machine, a coffee maker, a microwave and cars, among other properties.

The 2015 judgment came after Kazi is said to have acknowledged in writing in August 2012 that he owed Shanfari $3 750 000.

“It is ordered that: judgment is entered against respondent (Kazi) in the sum of $4 750 000, respondent pays interest on $4 750 000 at the prescribed rate from 17th of December 2012 to date of full payment, respondent pays collection commission on $4 750 000 in terms of the by-laws of the Law Society of Zimbabwe,” the High Court order reads.

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