Home » Judicial » State Urges Court to Dismiss Mutodi’s Application

The State yesterday urged the court to dismiss an application by National Housing Delivery Trust (NHDT) founder Energy Mutodi who is accused of fleecing $588 000 from desperate home seekers, to have his bank account unfrozen, saying it was bad at law and unheard of. Mutodi, who is jointly charged with the company’s trustee Boniface Chikono on fraud charges, made an application on Tuesday to have the company’s bank account unfrozen.

In response to the application, prosecutor Mr Michael Reza said Mutodi should approach the High Court since the lower court could not review its ruling.

“Your worship, the application before you is unheard of, at my age I thought I had heard everything, but I guess I was wrong,” he said.

“How can my learned brothers try and convince the court to review its own judgment? This honourable court ruled that the account be frozen, rightly or wrongly, that was the court’s final ruling. It is trite that once a court has made that ruling it becomes functus officio.”

Mr Reza added: “They must not come back to the same court to convince it to change its mind. The defence in their application stated that the accused persons are in dire financial need, including lack of funds for legal representation, if that is so, then clearly there is a remedy, you approach the higher court for relief.”

Magistrate Mr Vakayi Chikwekwe remanded the matter to today for ruling.

In his application through his lawyers, Mr Charles Chinyama, Mr Freddy Machokoto and Mr Ray Tsvakwi, Mutodi submitted that the Trust acquired several residential stands from Pinnacle Holdings represented by Dr Phillip Chiyangwa for the sum of $3 250 000 which they were now failing to pay since it could not access funds.

Source : The Herald