HH 375-18 AMATUS RWAZEMBA N.O versus THE PENSION MASTER N.O and Ors

AMATUS RWAZEMBA N.O

versus

THE PENSION MASTER N.O

and

WISDOM TAWANDA ZHANJE N.O

and

PENSIONERS UNION TRUST OF ZIMBABWE

 

 

HIGH COURT OF ZIMBABWE

MUSHORE J

HARARE, 22 February 2018 and 4 July 2018

 

Civil trial

S Mugadza, for the plaintiff

R Chabaka, for the defendants

 

 

            MUSHORE J: Plaintiff describes himself as a Trustee of Pensions Union Trust of Zimbabwe, which is registered under a Deed of Trust No MA 524/2012. The first defendant is the Pensions Master and the second defendant, Wisdom Zhanje, is cited by the plaintiff in his personal and official capacity as a Founder and Trustee of Pensions Union Trust, which is registered under a Deed of Trust No. MA 920/11.

The plaintiff alleged in his declaration that after the second defendant had established the  Pensions Union Trust MA 920/11,  that that same trust failed to attract membership  which then led to Wisdom Zhanje (second defendant) approaching plaintiff so that they would jointly to set up the Pensions Union Trust of Zimbabwe MA 524/12. Plaintiff stated that second defendant was appointed President of the Pensions Union Trust of Zimbabwe under MA524/12; which managed to attract a membership of 5000 members as at December 2013. The plaintiff alleges that unbeknown to himself, second defendant began wrongfully siphoning off subscriptions from members, and wrongfully depositing those same monthly membership subscriptions into accounts held by the second defendant’s own Pensions Union Trust under MA 920/11, thereby depriving their jointly owned Trust MA 524/12 of subscriptions.  It was 

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