Duo connive to sell un-existent stand

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Zim Now Writer

Two Chitungwiza men who disappeared after taking money from the complainant claiming that they were selling a stand were arraigned to court.

Joe Banda, 52, of Chitungwiza and Tatenda Mwenji, 29, of Kuwadzana Extension were at the Harare Magistrates' Court accused of fraud or alternatively contravening Section 136 of the Criminal Law Codification and Reform Act, Chapter 9:23.

The court heard that on November 30, 2020, the complainant was approached by one Mr Chiuta who claimed to be an estate agent but did not disclose his company.

He told him that there was a piece of land located in the district of Salisbury, called Stand number 87 Good Hope Township of Lot 8 of Good Hope measuring 2 145 square metres and it is held under a Deed of Transfer Number which was for sale at a cost of US$40 000

The complainant became interested in the property and was introduced to Banda who claimed to be Richard Kenneth Mbayimbayi who is the registered owner of the stand.

It is alleged that on December 3, 2020, complainant who was in the company of his wife, met Banda, Chiuta and Tichaona Nyahuma, a lawyer, at his office at Catholic House in Harare.

Banda was with Mwenji who claimed to be Simbarashe Mureyani. Tawanda Nyabayo and Lawrence Chiuta were standing as agents. The complainant paid US$19 000 as deposit to Banda via his lawyer. A memorandum of agreement of sale was drafted between him as the purchaser and Banda as the seller.

Complainant was supposed to pay the balance of US$21 000 on or before June 30, 2021, on a monthly instalment of US$1 000 per month. On January 4, 2021, the complainant paid another US$6 000 making it US$25 000.

As from the month end of January 2021 to the end of June 2021 the complainant paid US$15 000, totalling US$40 000. After full payment, the lawyer advised complainant that there was an arrear which Banda was to clear with the City of Harare.

Complainant then asked the lawyer to tell Banda to clear arrears and though complainant kept on engaging the lawyer to check on Banda’s and Mwenji’s position, he was told that they had disappeared.

The two were eventually arrested following tip-off and they appeared before magistrate Dennis Mangosi who denied them bail. They were ordered to appear in court on February 7, 2023 for bail application.