Bu­l­awayo lawyer sued over fraud­u­lent stand deal

Chronicle (Zimbabwe) - - National News/opinion - Mashudu Net­sianda Se­nior Court Re­porter

A COU­PLE is su­ing a Bu­l­awayo lawyer, his law firm and a bo­gus es­tate agent after they lost nearly $25 000 in a fraud­u­lent res­i­den­tial stand deal.

Peter Kairezi and his wife No­riah, through their lawyers, Vundhla-Phulu and Part­ners, filed sum­mons at the Bu­l­awayo High Court cit­ing Rus­sell Dzete, Marond­edze, Mukuku and Part­ners and Calvin Ncube Si­mango as the de­fen­dants.

They were al­legedly hood­winked into buy­ing a res­i­den­tial stand in Sel­bourne Park by one Nh­lanhla Sibanda who was rep­re­sented by Si­mango who acted as an es­tate agent.

Si­mango al­legedly in­tro­duced Dzete to the cou­ple, say­ing he was the seller’s lawyer who would over­see the trans­ac­tion and en­sure that it was con­ducted within the le­gal pa­ram­e­ters.

“The sec­ond de­fen­dant (Dzete) pre­pared the agree­ment of sale and the plain­tiffs paid the pur­chase price di­rectly to the seller upon sign­ing the agree­ment at Marond­edze, Mukuku and Part­ners of­fices. At the ma­te­rial time, Dzete was in the em­ploy of Marond­edze, Mukuku and Part­ners and act­ing within the scope and course of his em­ploy­ment,” said the cou­ple’s lawyers.

In papers be­fore the court, the Kairezis said in ad­di­tion to the pur­chase price of the stand, they also paid Dzete $900 in cap­i­tal gains tax and trans­fer costs.

The cou­ple said it also spent $9 000 to de­velop the stand, suf­fer­ing a to­tal loss of $25 710 as a re­sult of the botched deal.

The Kairezis said after re­al­is­ing that the per­son who had sold the stand to them was not the ac­tual owner of the prop­erty, they im­me­di­ately de­manded a re­fund from the de­fen­dants.

The plain­tiffs said Dzete and Si­mango re­funded them $ 7 000 in July.

“Where­fore plain­tiffs claim against all de­fen­dants jointly and sev­er­ally the one pay­ing and the other to be ab­solved pay­ment of $18 710 be­ing re­fund of the pur­chase price and costs of de­vel­op­ment of the stand fraud­u­lently sold to the plain­tiffs,” said the cou­ple’s lawyers.

Dzete is also fac­ing a fraud charge after he al­legedly ganged up with three ac­com­plices and forged ti­tle deeds which they used to sell a house in Sub­urb res­i­den­tial area for $50 500 with­out the owners’ knowl­edge. The mat­ter is still pend­ing be­fore the courts and he is out on $150 bail. -@mash­nets

Rus­sell Dzete

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