Court Rules Pastor Feigned Illiteracy to Evade Debt Repayment

A retired clergyman who attempted to avoid repaying a US$22,750 debt by claiming to be illiterate has lost his appeal at the High Court, which ordered him to settle the amount and ruled that his Budiriro property can be sold to recover the money.

Justices Happias Zhou and Benjamin Chikowero found that Pastor Stefan Pios Mumbiro had knowingly signed all loan and mortgage papers that legally bound him to businessman Collins Farai Muchada. The court said Mumbiro later tried to use false claims of illiteracy to escape his obligations.

“The respondent was not illiterate. He completed Grade 7, could read and write, and even pursued pastoral training,” the judges stated. “He cannot hide behind a claim of ignorance to avoid accountability for documents he willingly signed.”

The bench criticised Mumbiro for exploiting Muchada’s trust while later pretending to have been deceived. Evidence presented in court showed that Mumbiro voluntarily signed an acknowledgment of debt, a power of attorney for a mortgage bond, and other related papers, all verified by a handwriting expert.

Justice Chikowero noted that the evidence presented by Muchada, supported by forensic document analysis, was credible and consistent. Mumbiro’s defence, however, collapsed during cross-examination when he admitted signing blank papers, which the judges viewed as a deliberate attempt to mislead the court.

Citing the legal doctrine caveat subscriptor — meaning a person is bound by their signature — the court reminded parties that one cannot disown a document simply because they did not read or understand it.

Justice Chikowero further criticised the lower court for accepting Mumbiro’s inconsistent claims about the borrowed amount, effectively allowing him “to eat his cake and have it too.”

Consequently, the High Court ordered Mumbiro to pay US$22,750 plus interest and legal costs, and declared his Budiriro home, Stand 2308 of Willowvale Estate, specially executable should he default.

The judges also warned others against attempting similar deceitful tactics. “The message is clear — if you breach a contract, be prepared to face the consequences when the other party seeks legal enforcement,” they said.

Mumbiro had earlier accused Muchada of trying to defraud him of his house, but the court found no evidence to support that allegation.

Originally, the Harare Magistrates’ Court had ruled in Mumbiro’s favour after he convinced the magistrate that he was illiterate and had been tricked. However, the High Court overturned that judgment, finding that Mumbiro had manipulated the court’s sympathy and used his position as a retired pastor to dodge his lawful duties.

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