Sternford Moyo misled & manipulated by Farai Rwodzi and Interfin on ENG Capital c – Part 1 of 5

Mr Sternford Moyo states “The liquidation proceedings were not at any time challenged. No attempt appears to have been made to obtain an order setting aside the proceedings. Indeed, to date, no proceedings have been instituted to set aside the liquidation proceedings. The companies were duly wound up in terms of the procedure provided for in the Companies Act and a distribution to creditors was duly effected. There was no objection to the distribution.” This is according to his opinion published by NEHANDARADIO.COM found here -
http://nehandaradio.com/2010/10/06/legal-opinion-on-eng-vs-interfin-looting-saga/comment-page-1/#comment-15116

This opinion is flawed because it based on the fallicious assumption that I never challenged the liquidation or sale and or transfer of the 309 million Century/CFX shares. The truth is I challenged the whole process including the sale and transfer of the 309 million shares. My founding affidavit for the High Court Case HC-6244-04 IS FOUND HERE http://www.facebook.com/album.php?aid=2059705&id=1393181020

My then business partner and co-director Nyasha Watyoka supported my court action under High Court Case HC 6244-04 .In fact he did his own affidavit to support my court motion. His affidavit can be found here http://www.facebook.com/album.php?aid=2059734&id=1393181020&l=3ea08676ec .This clearly show that there was no serious due diligence exercise done by Interfin Banking Corporation but instead they sort to manipulate a senior lawyer by giving him incomplete at times false information to induce him to author an opinion that would endorse their illegal take over of Century/CFX Bank.

It is important in commercial transactions to obtain a legal opinion. Normally this should come from an independent and senior respected lawyer. Under normal circumstances Mr Moyo would qualify as a senior and independent lawyer .However in this case he can not be independent since he reportedly represented Mr John Moxon and Meikles Africa Limited and Mr Farai Rwodzi of Interfin Banking Corporation is also Chairman of the same Meikles Africa Limited which Mr Moyo has represented. Therefore Mr Moyo’s opinion cant be viewed as independent or unbiased .He is an interested party and as such he should have recused himself,Which led him to give an opinion which totally ignores HC 6244-04 which he goes on to deny its existence despite overwhelming evidence of its existence,effect and impact

In law, an opinion (also consilia) is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.
According to Wikipedia – “In the United Kingdom and other common law countries, a legal opinion also refers to written legal advice on a point of law issued by either a barrister (often referred to as “counsel’s opinion”) or occasionally a senior government law officer, such as an attorney general.
The latter form of opinion is sometimes made available to the public either because of public pressure (see for example Lord Goldsmith’s opinion on the Iraq War, Yoo memo), or because a general clarification of the law is called for (see for example, the Yorke-Talbot slavery opinion).”
http://en.wikipedia.org/wiki/Legal_opinion

In the court application for release of ENG Capital cars my Co-Director Nyasha Watyoka is merely salvaging what we can easily salvage .However this shouldn’t be mistaken as withdrawal of any challenge to the process .There is no reason for our cars to remain locked up at Chikurubi that’s why he sought their release. At no point is he saying he is happy with the process of liquidation neither is he saying he never challenged it.The fact is that we both challenged it which led to our specification .

Mr Moyo was not properly briefed as to the reasons of our specification. We were specified after challenging the sale of the 309 million Century/CFX shares by filing HC 6244-02.As Mr Moyo suggests any evidence that we opposed the sale of the shares will help our case and its clear such evidence exists.

It is sad that Mr Moyo was misled and manipulated into issuing an opinion which will not survive an integrity test and as such other Interfin Banking Corporation Zimbabwe Directors are at risk in their personal capacity for litigation should they still insist on relying on a faulty opinion which was prepared in the absence of full facts.
At this stage I would advise all those in the Interfin team to take a deep breathe and re-consider their views in light of the fact that a lawyer was misled and as a result he gave a legal opinion which is not supported by facts.Mr Sternford Moyo’s reputation is on the line, Farai Rwodzi’s legacy is on the line , My legacy is on the line. At this stage the ball is in Interfin’s court to do the right thing and negotiate their way out of the logjam they have created by trying to conceal the fact that the shares were illegally and irregularly sold in the first place and High Court Case HC-6244-04 is still pending.

This article appears courtesy of GMRI CAPITAL – www.gmricapital.com . It is generated for 3MG MEDIA – www.3mgmedia.ca .
Gilbert Muponda is an Investment Banker and Founder of GMRI CAPITAL . He can be reached at; www.ZimFace.com and www.facebook.com/muponda
Email: [email protected] .
Skype ID: gilbert.Muponda

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