Fraud­ster lawyer or­dered to pay vic­tim $25 000

Chronicle (Zimbabwe) - - Front Page -

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

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