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Yeukai Karengezeka Court Correspondent

The trial of a couple that allegedly defrauded Pandhari Hotel chairman Sunday Chifamba of a house worth US$90 000 has started with the State leading evidence from the complainant.

The accused, Usedia Zhuwaneti (50) and Edzayi Arufaneti (55), who were neighbours with Chifamba in Glen Lorne are appearing before Harare magistrate Mrs Ethel Chichera charged with fraud.

Prosecuting, Mr Zebediah Bofu alleged that in 2014, the couple planned to defraud Chifamba by posing as shareholders of Anglovaal Investments Pvt Ltd and that they owned stand number 761 Glenlorne Township of 41 of Glenlorne held under Deed of Transfer 9391/98 through the company.

The court heard that the couple had a Power of Attorney, copies of Share certificate and annual returns of Anglovaal Investments Pvt Limited.

On March 31, 2014, Chifamba acted on accused’s misrepresentation and bought stand number 761 Glenlorne for US$90 000.

It is alleged that the property had an equivalent value to 200 shares in Anglovaal Investments Pvt Ltd.

Chifamba allegedly paid the money through his personal assistant, one Muzariri who made the last payment of the purchase price in May, 2015.

In 2016, Eelco Alexis Walraven, the owner of the property who had sold it to Anglovaal Investments in 2011 but later claimed it back through an order granted by the High Court on May 1, 2015 (HC 1355 11) for failure by Anglovaal Investments Pvt Ltd to pay the full purchase price, approached Chifamba and claimed ownership of the property.

On June 27, 2019 Eelco Alexis Walraven obtained an order by consent from the High Court under case number 8132/16 to evict Chifamba from the property.

The court heard that Chifamba tried to engage the duo but failed and resultantly reported the matter to the police.

However, during cross examination by the defense lawyer Mr Shephered Makonde, Chifamba admitted before the court that the duo’s names did not appear in the agreement of sale documents that were tendered before the court.

Mr Makonde told the court that Chifamba was lying before the court and that he tried to communicate with the accused persons since he knew that they had relocated to their retirement farm in Chegutu.

However, Chifamba said if the court permits him, he can tender evidence from Econet of his call log data document which shows how he tried to contact the duo.

The defence further submitted that Chifamba never bought a house from the accused persons but rather, only bought shares.Chifamba failed to locate the accused persons’ names when questioned by the defence to pinpoint them in the agreement of sale of the alleged property deal.

Chifamba told the court that the accused misrepresented that they had shares in the aforesaid property and that they owned 200 shares in a company called Anglovaal Investments Pvt Limited which the duo misrepresented that it owned the aforesaid property.

Mr Makonde further argued that there is no list of properties, in the agreement of sale that witness signed with the accused. He further submitted that the witness failed to show the court the list of the property.

Chifamba said he does not remember the contents of the agreement and further told the court that his lawyer might have made a mistake by not putting the couple’s name in the agreement of sale.

The matter returns to court on April 25 for trial continuation.