During
the period extending from May 2009 to 19 January 2010, Boniface Tonhoma, the
son of the first claimant, who was employed as a Bulk Bank Teller by Stanbic
Bank in Bulawayo received various deposits from the customers of the bank and
allegedly converted a total of $223,701= to his own use. He was arrested but
was granted bail on 26 January 2010 pending his trial. He absconded shortly
thereafter after reporting once to the police on 27 January 2010 and his
whereabouts are unknown to the authorities.
During
investigations, he had led the police to the recovery of the following property
which he said was purchased using the money he had stolen from his employers:-
1
mini bus Mitsubishi registration number ABB 2885;
1
mini bus Coaster registration ABB 2884;
1
Isuzu bus registration number ABJ 6980;
1
Isuzu bus registration number ABJ 6972;
1
Ford Bantam registration number AAA 8778;
61
mattresses and 1 LG home theatre.
All
the four buses were registered in the name of the first claimant within a short
space of time. They were registered during the period 8 October 2009 and 5
January 2010. The two mini buses, registration numbers ABB 2884 and ABB 2885,
were registered on 8 October 2009, while the two Isuzu buses, registration
numbers ABJ 6972 and ABJ 6980, were registered on 30 December 2009 and 5
January 2010 respectively.
The
Ford Bantam motor vehicle was allegedly bought by the second claimant from a
company known as Professional Clearing (Pvt) Ltd of 6th Floor Zimdef
House, Fort Street, Bulawayo on 14 September 2009.
In
an effort to recover its money, Stanbic Bank Zimbabwe Limited sued Boniface
Tonhoma for the recovery of the US$223,701= he had stolen. Stanbic Bank
Zimbabwe Limited obtained a default judgment in that sum with interest thereon
a tempore morae from 19 January 2010 to date of payment plus costs of suit on
an attorney and client scale.
A writ
of execution was issued against the abovementioned movable property which the
police had recovered following indications made by Boniface Tonhoma. The belief
was that the property belonged to him.
It,
however, turned out that the first claimant, Company White Space Sales
(Private) Limited was claiming ownership of all the property except the Ford
Bantam motor vehicle. It filed registration books for the vehicle it claimed to
own. The two company's Directors are Boniface Tonhoma himself and his brother
Clephas Tonhoma. Its' Principal Officer and Secretary is Boniface Tonhoma
himself. The company exists on paper only.
The
father of Boniface Albert Tonhoma claimed ownership of the Ford Bantam motor
vehicle and filed an agreement of its sale reflecting the seller as
Professional Clearing of 6th Floor Zimdef House, Fort Street
Bulawayo.
The
Deputy Sheriff for Bulawayo filed this Interpleader Notice on 20 August 2010
but seems to have abandoned the mater as there was no appearance by her at the
hearing. Her Interpleader Notice did not even have a draft order as required by
the Rules of this Court - see Rule 227(3).
In
the light of the documents filed of record, it would seem the vehicles belong
to the company and Boniface Tonhoma's father. The property was registered into
their names. Ex facie, it cannot be said that the property belongs to Boniface
Tonhoma. It is a different proposition to say the property was bought using the
money he stole from his employer which requires a separate investigation….,.
In
the light of the foregoing, I do not consider this to be a proper matter for
the relief of an Interpleader Notice and would dismiss it with costs being
borne by the Bank as it was the one that encouraged the applicant to interplead
by letter dated 25 June 2010.
