THE Law Society of Zimbabwe (LSZ) has found top Mutare lawyer Cosmas Chibaya guilty of unprofessional conduct after he orchestrated double sale of land.
Cosmas Chibaya of Chibaya and Partners Legal Practitioners was under investigation since August 2022 and is now awaiting sentence.
The LSZ is an association mandated with registering and regulating lawyers and law firms operating in Zimbabwe.
In a letter dated July 24, 2024, LSZ said the council resolved that he be found guilty of unprofessional conduct for failing or neglecting to take reasonable steps to protect a client’s best interests.
It further indicated that he facilitated the sale of the property to a third party despite being aware that its ownership was contested.
A complaint was raised against Chibaya by Lackmore Chikove for unethical conduct in his professional execution of a residential stand deal in Chikanga high-density suburb in Mutare.
He was being investigated together with another Mutare-based lawyer, Medusa Simango of Mupindu Legal Practitioners, who is also being accused of not executing her professional duties honestly and diligently, as a collaborator in the matter.
In a separate letter to Simango, LSZ accused her of unprofessional conduct.
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“Council deliberated and noted that it was apparent that you had not exercised due care in this matter. In the council’s view, you ought to have taken steps to protect your client’s interests.
“Council noted that you had received from the complainant money, which you transmitted to the seller without any due diligence into the title of the property,” the society said.
LSZ regulatory services, risk and compliance manager Rebecca Magorokosho-Musimwa yesterday confirmed that the sentences will be laid down separately soon after they go through the mitigatory responses of the two lawyers.
In his complaint, Chikove wrote to LSZ on August 1, 2022 seeking recourse after being aggrieved by the conduct of Chibaya and Simango.
Chibaya is accused of selling a property in Chikanga to Chikove whose ownership was in dispute.
Chikove claims that in April, 2021, he approached Chibaya inquiring about residential stand number 1521 in Chikanga Phase One.
Chibaya told him that the US$13 000 property was up for sale and he was in possession of the original title deeds to the 312-square metre stand.
After agreeing on a deal and making a down payment of US$9 000 to Chibaya, Chikove was referred to Simango, whom chibaya introduced as a colleague.
Chikove said he also paid US$250 to Chibaya for the agreement of sale and was instructed to pay another US$50 to Simango. The agreement of sale was then crafted by Simango.
Chikove said he paid the US$4 000 balance within three months as had been stipulated in the agreement of sale.
In January 2022, Simango is said to have prepared the transfer papers and Chikove started building a four-bed-roomed house after being given assurance that everything was in order.
When the house was at window level, Chikove was, however, approached by Joseph Ngorima, who claimed that the stand was his.
The two lawyers are facing either a caution or fine of up to US$1 000 or its equivalent in ZiG.
