By Court Reporter
UNITED Family International Church (UFIC) founder Emmanuel Makandiwa will have to wait a little longer for the conclusion to an appeal by Harare businessman Upenyu Mashangwa who is appealing a High Court judgement throwing out his $6.5 million lawsuit.
Mashangwa and his wife Blessing are suing the televangelist and his wife Ruth arguing they lost millions due to the UFIC leader’s “false prophesies.”
The Mashangwas were members of Makandiwa’s UFIC before the fall-out. They argued in six claims before the High Court Judge Justice David Mangota that in 2012 the self-proclaimed prophet misrepresented that they would encounter a “debt cancellation miracle” and encouraged them to continue “seeding”.
Mashangwa told the court that instead of a miracle he had his house in Harare’s Marlborough medium density suburb attached and sold for $500 000 instead of $700 000 by ZB Bank.
The Mashangwas demanded nearly $7 million from Makandiwa plus $1,7 million for recommending a de-registered lawyer identified as Tichaona Mawere who was later to dupe them.
Justice Mangota however, found Makandiwa had done nothing wrong but Mashangwa took his case to the Supreme Court arguing the High Court Judge had “misdirected himself.”
On Monday Morning the case came before the Supreme Court consisting of Justices Elizabeth Gwaunza, Lavender Makoni and Francis Bere with Mashangwa’s lawyer, Advocate Sylvester Hashiti on the charge.
“When I say a wrong judgement, I mean that it’s a judgement not supported by the law. It is wrong in that it attacks the procedure. His judgement only dealt with the issue of vagueness and embarrassment,” argued Hashiti.
For Makandiwa Advocate Lewis Uriri argued that Mashangwa had no basis for his arguments.
“The application is groundless that no reasonable court will consider it. They said they were sued but there is no evidence to prove this. They did not place before the court a version of their video, they simply refused to do so.
“The bank (ZB) never sued them. The property they are talking about was sold never attached for execution. Ownership has not changed. The truth is the property was sold to one Jemina Gumbo and also to Walter Magaya and there are pending cases regarding this case,” Uriri told the court.
“The whole case is riddled with falsehoods.