Fraud alleged in Z$475 billion property deals

Two Indian nationals have been hauled before the High Court facing three counts of fraud. Abdul Talati and Mohamed Patel appeared before High Court Judge Justice Martin Makonese on Monday.

Charges against the two are that on 10 September, 2008, Patel offered to sell his house which is Number 37 Anson Drive, Ridgeview, Harare and tasked Talati to look for prospective buyers.

It is alleged that on 12 September, 2008, Talati approached one Derby Mutaramutswa, a property negotiator with Fairvest Real Estate Agency, and told her there was a house on sale. Mutaramutswa then approached the complainant, Effie Zituta, who expressed interest in buying the house for her sister identified as Letween Muchini.

Patel wanted a price of $500,000 – then equivalent to Z$69 billion. On 13 September, 2008, the court alleges that Mutaramutswa made a bank transfer for the purchase price into a CBZ account she had been given by Talati. The court heard that on 15 September 2008, Talati was given a drafted agreement of sale already signed by Letween Muchini and he took it to Patel for signing. The agreement of sale was later handed to Mutaramutswa who gave it to the complainant pending change of ownership of the property.

However it is alleged that after receiving the money for the purchase of the house, Patel went to the Deeds Office and placed a caveat on the property so that the complainant would not be able to effect change of ownership.

The court alleges that as a result of the two accused person’s actions, Zituta was deprived of Z$69 billion and nothing was recovered. On the second count, it is alleged that Patel sent Talati to look for prospective clients to buy Merchant House Building which is situated along Robson Manyika Avenue in Harare. The two accused persons did not disclose that the property rightfully belonged to one Rafiq Adam.

Talati then approached Mutaramutswa who in turn liaised with the complainant, Zituta, who expressed interest in buying the property and was told that the purchase price was $2,050,000 – she paid Z$234 billion the same day.

The complainant only found out the building was not for sale and did not belong to the accused persons after she insisted on the agreement of sale and change of ownership. She then reported the case to the police.

On the third count, the court alleges that the two accused persons, after realising that the complainant was unsuspecting, offered to sell her another property, Triumph Investments House at 137 Mbuya Nehanda Street, Harare.

The purchase price of the property was pegged at Z$172,5 billion and again Zituta deposited the money into a supplied account number. But the two accused then cancelled all the transactions as they were not sure of the source of the money.

The matter was postponed indefinitely by consent and will proceed by way of summons. Jonathan Samukange represented the accused while Albert Masamha appeared for the state.

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