FORMER Economic Development deputy minister and Zanu PF senator Aguy Clemant Georgias’ efforts to save Trinity Engineering’s property from being bonded over his son’s $686 172 debt with Telecel Zimbabwe, recently went up in smoke after his application was dismissed by the High Court.
Georgias, who is Trinity Engineering’s director, approached the court sometime in 2011, after accusing his son “born out of wedlock”, Russel Karimazondo, of forging his signature on a power of attorney, which he allegedly submitted to register a mortgage bond and secured a $500 000 credit from Telecel Zimbabwe.
In his judgment while dismissing Georgias’ claim, High Court judge Justice Nicholas Mathonsi said, according to Georgias’ summary of evidence, the mortgage bonds impasse started when his wife received summons from POSB over yet another unserviced debt.
“….His wife received a summons from POSB. When she went to investigate the issue, she discovered there was another bond registered on the property in favour of the third defendant (Telecel). Problems then started for Georgias, who was quick to point out himself at the commencement of his testimony that if one has children out of wedlock that creates problems,” Justice Mathonsi said.
In his claim, Georgias had accused Karimazondo of forging his signatures and used the forged documents to register bonds with Telecel Zimbabwe which as a result had put Trinity Engineering’s property at risk of being disposed to service the debt.
But Justice Mathonsi found otherwise: “I am fortified in my conclusion by the manner in which the whole saga unfolded. In fact . . . long after the bond had been registered, he (Georgias) was happy to harvest from the effects of the registered bond. It is his wife and daughter who took the leading role in raising a red flag.
“I would not want to speculate, but one cannot resist the conclusion that when questioned about the bond which was benefiting only his newly-found son (Karimazondo), Georgias was forced to disown it. It is for that reason that this matter has come up.
“I, therefore, come to the inescapable conclusion that the plaintiff (Trinity Engineering) agreed to the registration of the bond and that Georgias signed the documentation to make this possible.”
The mortgage bond forming the basis of the dispute was registered on March 7, 2011 and Georgias’ concern was that Karimazondo’s firm, Maxifix (Pvt) Ltd, was not servicing the Telecel debt which situation was putting his property at risk.
“The 3rd defendant’s (Telecel) counter claim succeeds to the extent that judgment is hereby entered in its favour against plaintiff and the 2nd defendant jointly and severally, the one paying the other to be absolved in the sum of $686 172,38 together with interest at the rate of 5% per annum with effect from May 1, 2011 to date of payment,” Justice Mathonsi ruled.