New twist to fake deeds saga

ONE of the complainants who sensationally claimed she had lost directorship of her late father Mr Isidore Gwashure’s estate to fraudsters, who she claimed had manipulated the deeds, is now in hot soup for allegedly misrepresenting facts, it has emerged.

Ms Martha Gwashure claimed in a story published in our Society section on April 10, 2022 titled “Fake deeds flood market” that one of the combined executors of the estate “Linda Banda mysteriously withdrew from the estate,” leading to her being appointed as the sole executor by the family.

The late Gwashure died on February 26, 2003 and his attorney together with deceased surviving children — Martha and her now late brother MacDonald — handled the estate as combined executors. Years later, the attorney relocated, leaving Linda Banda as his replacement.

However, Banda also filed a letter with The Master of the High Court announcing the renunciation of her executorship in the matter on March 3, 2021.

According to Martha, it was then that she ostensibly discovered that title deeds had been tampered with after visiting the Deeds Office.

She also claimed Banda had changed the directorship of the company into a new name without any of the family members’ knowledge.

Further, she claimed she also found that some crucial files were missing.

“We waited for some time but Banda did not do much and it got us all frustrated. It was only after I visited the Deeds Office that we discovered our title deeds had been tampered with,” she said in an interview.

“I also discovered that some crucial files were missing. We then tried to get in touch with Banda for clarification but she was no longer available. Up to now, no one knows where she is.”

However, it has since emerged that this could not have been the case.

A letter of demand for retraction and intent to sue for defamatory and false statements by Banda over allegations levelled against her by Martha shows the aggrieved was not being honest in her allegations. Documents show that Martha and Banda were actually actively communicating through email, zoom meetings and at times in-person engagements.

It has also been established that she was duly informed about Banda’s withdrawal from the estate.

“Many thanks for assisting me when I popped in over lunch hour.

“...I was made aware that your letters of renunciation have been submitted to the Master of High Court; however, I had forgotten to check whether you had prepared an account for the estate to the Master for the period between date of appointment to the date of renunciation, January 15, 2021,” she wrote to Banda via email on March 9, 2021.

Prior to that communication, she had also sent another correspondence on March 4 through the same channel.

“As follow through to your email dated January 6, 2021, where you indicated that once the file is at your offices you would be in a position to release the file as we pursue the appointment of a new executor for my father’s estate,” wrote Martha in her bid to recover the files that she later told this publication were “missing”.

Apparently, new details indicate that Martha tried to retrieve the files without meeting the legal costs incurred while working with Banda.

“Martha Gwashure was advised that we hold an attorney’s lien over the files for our fees. The fees were raised for services outside of the core estate administration. She had only put a deposit of (figure withheld) for all attendances rendered in the matter.

“Martha Gwashure attended our offices to collect the file but was requested to get her lawyers to prepare an undertaking prior to collection if she did not have funds to settle the account. She did not,” reads part of the the letter.

Contrary to her claims, Martha was also aware that her late brother, MacDonald, was responsible for changing the directorship of their late father’s company.

“Since Ms Matemachani’s submission of fraudulent documents has nullified her claim (as per last emails), is it not possible to authentically have the appointment of a new shareholder, myself, done and a resolution drawn up from the directors,” suggested Martha in one of her email correspondence to Banda dated August 17, 2020.

“Ms Martha Gwashure advised us at the meeting that her late brother had without her knowledge proceeded to change the directorship of the Cornfields Investments (Private) Limited, whose sole asset is a property called Greenbacks Farm, measuring (details withheld) in extent and held under title deed registration (number withheld) dated November 22, 2002, no doubt this was also done without the executors’ knowledge and/or consent,” Banda wrote to Nyamayaro, Makanza and Bakasa Legal Practitioners in 2019.

When contacted for yesterday comment, Martha backtracked.

“I do not have issues with Linda (Banda) at all. I am the one that approached The Sunday Mail but the issue was never about the executor. When I said the executor was not available, I was referring to the previous one (executor) who had left the country.

“I know where her (Linda) offices are and can get in touch with her anytime. She has a bill against my father’s estate and I am sure it will be settled.

She thinks I approached the media so as to get the file but that is not it. I have all my father’s copies from that file,” she said.