A HARARE legal practitioner appeared in the magistrates court facing a charge of fraud involving US$800 000.
Agness Chatsama (38) was jointly-charged with Ariginero Muzeya (65) when she appeared before Harare magistrate Marehwanazvo Gofa, who remanded them to November 4 for routine remand.
The duo was being represented by Munyaradzi Bwanya and Devoted Nyagano.
They were released on US$250 bail each and ordered to surrender their passports, report to Zimbabwe Anti-Corruption Commission every week and continue residing at their given addresses until the matter is finalised.
The complainant is Newcorner Emporium (Pvt) Ltd represented by Dennis Patrikios.
Prosecutor Lancelot Mutsokoti said on October 3, 1996, the late Costas Patrikios transferred a property measuring 595 square metres to Newcorner Emporium (Pvt) Ltd, a family company that he was a director.
Sometime in 2001, the company’s directors left the country at different times, leaving management of the property with a real estate agent.
On December 4, 2021, the board of directors returned to Zimbabwe intending to renovate the property and discovered that Muzeya had become a director and shareholder in their company without their knowledge.
- Duo in court for US$800K property fraud
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In response, civil proceedings challenging the directorship and shareholding of Muzeya commenced and a separate report on allegations of fraud was made to the ZRP Commercial Crimes.
The State alleged that despite knowing that the issue of his directorship was before the courts, Muzeya and Chatsama sold the property for US$251 368 and fraudulently transferred it to Talati Family Trust.
The duo allegedly approached the Department of Deeds and filed an alleged fraudulent Capital Gains Tax Certificate and a company resolution dated February 27, 2024 purporting that Newcorner Emporium (Pvt) Ltd had duly authorised Muzeya to transfer the property.
Subsequently, the Deeds Department acted on the misrepresentation and registered deed of transfer 3342/2024 on August 2, 2024.
Investigations established that the board resolution dated February 27 was fraudulent as no meeting took place since Muzeya had been removed from directorship in October last
year.
The court heard that no record exists with the Zimbabwe Revenue Authority pertaining to the sale of the property between Newcorner Emporium and Talati Family Trust.
The investigations further revealed that the duo allegedly misrepresented to the Department of Deeds that Newcorner Emporium board of directors had issued a resolution for the appointment of Muzeya to transfer the said property to Talati Family Trust for US$251 368.
Resultantly, the registration of Deed of Transfer 3342/2024, by the Deeds Office, prejudiced Newcorner Emporium of its property valued at US$800 000.
