The Herald (Zimbabwe)

Estate agent cleared of $40 000 fraud

- Court Reporter

THE prosecutio­n has dropped charges against an estate agent who was accused of swindling a mental patient of $40 000 in a house deal.

Tongorima Mubaiwa (42), was accused of selling a house belonging to a mental patient, Charmine Takavarash­a, to Howard Choga, a senior Zimbabwe Electricit­y Transmissi­on and Distributi­on Company (ZETDC) official.

Mubaiwa, a registered estate agent, is an employee of Heaven on Earth Real Estate which handled the deal.

The prosecutio­n withdrew the charges before plea after Takavarash­a’s parents said the purchase price of the house was paid directly to them on behalf of their daughter.

The parents also showed the prosecutio­n proof of a bank transfer that was made on February 23, 2016, in which the purchase price was deposited into their bank account.

Harare magistrate Mr Bianca Makwande told Mubaiwa that the State had withdrawn the charges against him before plea

Mubaiwa, who was on $200 bail, was facing charges of theft of trust property.

When Mubaiwa appeared in court, the complainan­t was Mr Lawman Chimuriwo, a partner at Lawman Chimuriwo Attorneys.

Allegation­s against Mubaiwa were that in July 2014, he was appointed by the Mas- ter of High Court as the curator for Takavarash­a nee Matombo.

It was alleged that Chimuriwo was mandated by the High Court to manage Takavarash­a’s immovable property, stand number 12, 8th Close Warren Park 1, Harare.

Sometime in November last year, it was alleged that Chimuriwo sought permission from the High Court to sell the stand.

He wanted to settle Takavarash­a’s debts to various institutio­ns amounting to $15 000.

Proceeds from the sale of the house were also to cater for Takavarash­a’s daily expenses and to pay school fees for her two children. Chimuriwo engaged Mubaiwa to look for buyers for the stand.

It is alleged that Mubaiwa advised Chimuriwo that he found a prospectiv­e buyer who was offering $46 000.

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