Highlands property dispute rages on
BUSINESSMAN Mr Tendai Mashamhanda has filed another report to police against the employee of a Harare law firm, Constantine Chaza, accusing him of forging signatures of a power of attorney, in a property dispute between the businessman and a local company, Bariadie Investments (Pvt) Ltd.
In the long running civil dispute over ownership of a Highlands property, Mr Mashamhanda wants Chaza, a legal clerk at Mr Tendai Biti’s law firm, investigated on suspicion of allegedly forging signatures on the document on behalf of his client, Mr Elliot Rogers who is reported to be based in the United Kingdom.
The matter was reported at Harare Central Police Station and Mr Mashamhanda also wants police to establish if Mr Rogers is still alive or not, as part of the investigations.
High Court Judge, Justice Tawanda Chitapi ruled that businessman Mr Mashamhanda was the legal owner of the 4 377 square metre property worth over US$230 000 having bought it in 2019 through an auction after it had been attached from Harare lawyer Mr Puwayi Chiutsi following a wrangle with his former client Mr Elliot Rodgers over US$70 000 of trust money.
During the wrangle, Mr Rogers was reported to have written and signed a power of attorney, authorising Chaza to sign all necessary documents in pursuance of his claims against Mr Chiutsi.
“I, the undersigned Elliot Rogers (born on 13/11/1954) and currently residing at 6 Compton, Terrace, London N1, 2UN United Kingdom nominated and appointed Constantine Chaza (born 10 May 1969, a clerk in the employ of Tendai Biti Law, more than two years ago, on 22 February 2016 and I authorise her power of attorney and still authorised by me, to do all such things, and sign all necessary documents in pursuance of my claim against Puwayi Chiutsi connected with the execution of all my claims arising from case Number HC3331/2014,” reads part of the Special Power of Attorney.
Last week, Chaza also appeared in court on allegations of filing a false statement under oath at the High Court.
Chaza was facing perjury charges when he appeared before Harare magistrate Mrs Barbra Mateko. He was freed on $5 000 bail and remanded to October 28 for trial.
The court heard that on February 22, 2019 Chaza made a statement under oath and filed it at the High Court under reference number HC1444/19. In the affidavit, Chaza lied that the transfer of the property at 41 Ridgeway North in Highlands to Mr Tendai Mashamhanda was as a result of a deed donation.
Chaza also lied that no capital gains tax was paid to the Zimbabwe Revenue Authority and that lawyer Mr Puwayi Chiutsi and not Ms Jaqueline Sande was the conveyancer in the matter. The court heard that Capital Gains Clearance certificate was issued on February 7, 2019 and Ms Sande of Sande Legal Practice was the conveyancer.