By Agencies
Harare lawyer Concellia Maheya, who was convicted of theft of trust property, was on Tuesday sentenced to three years imprisonment.
The presiding magistrate Lisa Mutendereki ruled that the offence was committed in aggravating circumstances.
Maheya was sentenced to three years imprisonment while one year was suspended on condition that she doesn’t commit a similar offence in the next five years.
Another year was suspended on condition of restitution of US$10 000 to Mercy Kabvara by June 19 2026 through the clerk of court Harare Magistrates Court.
One year is effective.
The complainant is Mercy Kabvara.
Maheya was formerly employed by Maseko Law Chambers as a legal practitioner.
The State represented by Takudzwa Jambawo proved that in October 2021, Kabvara intended to purchase a residential stand in Harare and she approached one Templeton P Chadyiwa, an estate agent who referred her to stand 2308 Bluffhill Township, Harare which he indicated was on sale.
She visited the stand site for viewing and she was impressed and requested to meet the owner of the stand. Templeton P Chadyiwa took her to Maheya , who claimed to be acting on behalf of the owner Zvatinowona Tsitsi Kujeke, who is at large.
Maheya confirmed that the stand was indeed on sale for US$30 000.
Maheya allegedly showed Kabvara a fake Deed of transfer for stand number 2308 Bluffhill Township measuring 1265 square meters, which was in the name of Zvatinowona Tsitsi Kujeke.
On October 29 2021, Kabvara entered into an agreement of sale to purchase the property at a purchase price of US$30 000 and Maheya signed the agreement on behalf of the seller.
She received US$30 000.00 in cash to hold in trust whilst making sure that the transfer of ownership and the sell was being done above board before effecting payment to the purported owner.
Kabvara also made a payment of US$500 for conveyancing purposes.
A few weeks after the transaction, Kabvara contacted Maheya to collect the title deeds but she was not forthcoming.
Kabvara visited the Deeds Office to verify the authenticity of the stand title deed and was informed that the title deed which she had been shown was forged.
Also, the Deeds Office was holding on to the forged deeds for the purposes of destroying them in view of the fact that the stand in question had legitimate title deeds which were different from the ones she had been shown by Maheya.
On December 3 2022, Kabvara confronted Maheya who offered her house number Lot 327 Block B, Hatfield of Hatfield Estate as compensation for the amount prejudiced.
The property is still being administered by the Master of the High Court.
Maheya offered it while she was fully aware that she had no legal consent from the Master in terms of section 120 of the Administration of Estates Act Chapter 6:01.
The agreement did not go through since Maheya had no consent to sell.
On February 23 2023, Maheya signed an acknowledgement of debt with Kabvara acknowledging that she was owing a total of US$30 000 to her . Investigations done at City of Harare indicated that stand 2308 Bluffhill, Harare was sold on 16 June 2018 to Collen Kapende by Zvatinowona T Kujeke.
As a result of Maheya’s actions, Kabvara suffered an actual prejudice of US$30 500
-ZwPapers
