By Staff Reporter
TWO Harare-based lawyers have appeared in court for allegedly providing conveyancing services to suspected fraudsters, who used forged documents to dupe a Chinese businessman of US$435 000 in a land deal.
Proud Fambisai Mutuso and Happy Magadure were jointly charged together with a messenger identified as Lineker Manyasi as well as the two suspected land fraudsters Mavis Madzivanzira and Kizito Chikowore.
The five were on Thursday granted US$300 bail each by magistrate Marehwanazvo Gofa and the matter was remanded to November 4.
It is alleged that sometime in 2022, the five accused persons acting in concert decided to defraud prospective home and commercial land seekers in and around Harare.
In pursuit of their alleged plans, and using Chikowore’s vast knowledge of the Harare City Council’s land bank, they identified two vacant stands, numbers 387 and 477 in Helensvale measuring 4061 and 4044 square meters, respectively.
The accused went on to forge title deeds for the two stands as well as special power of attorney under Cathrine Mverechena purportedly authorising Madzivanzira to act on her behalf during the fraudulent transactions.
Armed with the alleged fake documents, the accused advertised the land to prospective buyers on social media platforms.
Sometime in October the same year, the complainant who was looking for commercial land to build cluster houses was linked to a self-styled housing agent only identified as John.
The complainant contacted John who allegedly introduced him to Madzivanzira who claimed that she had a commercial stand measuring 4060 square metres which she was selling in Helensvale, Harare.
The complainant was taken to view stand number 387 Helensvale by Madzivanzira and expressed interest in acquiring it.
Madzivanzira allegedly misrepresented to the complainant that another stand number 477 in the same area was also available for sale.
The complainant then expressed interest in acquiring both stands at a price of US$115 000 for each of the properties.
To seal the deal, the complainant was allegedly taken to Mutuso’s office. Mutuso allegedly reiterated that the said stands were actually for sale.
He allegedly produced what appeared to be genuine title deeds for the stands.
The parties immediately signed a memorandum of agreement of sale with Cathrine Mverechena represented by Madzivanzira as the seller and Amalga Holdings represented by Li Kai as the purchaser.
The terms and conditions of the sale were that the complainant would pay the full purchase price of the two stands in instalments within four months.
During the period extending from November 2022 to February 2023, the complainant allegedly paid the full purchase price for the two stands through Mutuso’s office.
After each payment, the complainant was given a receipt from Mutuso’s law firm.
After paying the full purchase price, complainant requested for the title deeds of the stands, which resulted in him being referred to Magadure and Manyasi’s office for conveyancing purposes.
Magadure through Manyasi allegedly started the conveyancing process after the complainant paid conveyancing fees totalling US$15 000 and was issued with a receipt from their office.
After a while, the complainant was issued with title deeds of the two properties by Magadure.
On another count on another day but in 2023, Madzivanzira allegedly misrepresented to Li that she was selling 13 hectares of land in Newlands, also in Harare.
The complainant was taken to view the said property by Madzivanzira and agreed to purchase it.
A purchase price of US$1 800 000 was agreed upon by the parties and to convince Li, Madzivanzira allegedly took the complainant to a local bank branch in Borrowdale where she alleged that the title deed of the stand was kept.
On the strength of the alleged misrepresentation, an agreement of sale was prepared by Mutuso and signed by the parties after the production of title deeds of the property.
Thereafter, the complainant allegedly paid US$190 000 as capital gains tax and deeds stamp duty which money was given to Madzivanzira.
Magadure and Manyasi allegedly did the conveyancing process which resulted in the issuance of a title deed under the complainant’s names.
The offence came to light sometime in August 2024, when the complainant proceeded to the Helensvale properties where he met someone who told him that the said stands belonged to someone else.
This then resulted in the complainant approaching the Deeds Office where he was informed that the three title deeds given to him by the accused persons were fake.
The complainant tried to engage the accused persons and they became evasive.
Li realised that he was duped and made a report to the police , leading to the arrest of the accused persons on September 25.
