Fraudster lawyer ordered to pay victim $25 000
first defendant (Nyengera) and he is ordered to pay plaintiff the sum of $25 000,” ruled the judge.
Nyengera was also ordered to pay the money with five percent interest calculated from the date of summons to the date of full and final payment.
Brunt allegedly connived with Nyengera to swindle Mr Siwawa from Emganwini suburb by selling him a house they did not own for $50 000.
According to papers before the court, Brunt posed as the owner of the house and produced fake identity documents of the actual owner.
They sold the house to the unsuspecting Mr Siwawa who paid them $25 000 as down payment which gave him access to the house in the hope that the full payment was going to be completed within an agreed period.
Mr Siwawa said the sale was between himself and Brunt who purported to be the owner of the house.
“Prior to the signing of the agreement of sale, Shenje and Company through first defendant (Nyengera) were instructed to investigate and satisfy themselves as to the propriety of all the identification documents relating to the house and owner of the property,” he said.
Mr Siwawa said the law firm failed to conduct due diligence and ensure that nothing would hinder the transfer of rights of the property.
“After the signing of the documents, it turned out that the owner of the property, one Mr Charles Vicky Westerfalls, did not enter into any agreement of sale with plaintiff,” he said.
Mr Siwawa said after the agreement of sale, it emerged that Nyengera was in possession of fake title deeds.
Three other suspects linked to the fraud, together with Brunt, were arrested in July in connection with the scam.
These are Frank Matare (36), Sithabile Dlodlo (64) and Elphas Ncube
When Brunt vanished, Mr Siwawa visited the property he had bought. He found the house being renovated and when he contacted the neighbours they told him that its owner stayed in Masvingo.
That is when Mr Siwawa reported the matter to the police leading to the suspects’ arrest.
Nyengera has since filed an application for the