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Mashudu Netsianda, Senior Court Reporter
A COUPLE is suing a Bulawayo lawyer, his law firm and a bogus estate agent after they lost nearly $25 000 in a fraudulent residential stand deal.
Peter Kairezi and his wife Noriah, through their lawyers, Vundhla-Phulu and Partners, filed summons at the Bulawayo High Court citing Russell Dzete, Marondedze, Mukuku and Partners and Calvin Ncube Simango as the defendants.
They were allegedly hoodwinked into buying a residential stand in Selbourne Park by one Nhlanhla Sibanda who was represented by Simango who acted as an estate agent.
Simango allegedly introduced Dzete to the couple, saying he was the seller’s lawyer who would oversee the transaction and ensure that it was conducted within the legal parameters.
“The second defendant (Dzete) prepared the agreement of sale and the plaintiffs paid the purchase price directly to the seller upon signing the agreement at Marondedze, Mukuku and Partners offices. At the material time, Dzete was in the employ of Marondedze, Mukuku and Partners and acting within the scope and course of his employment,” said the couple’s lawyers.
In papers before the court, the Kairezis said in addition to the purchase price of the stand, they also paid Dzete $900 in capital gains tax and transfer costs.
The couple said it also spent $9 000 to develop the stand, suffering a total loss of $25 710 as a result of the botched deal.
The Kairezis said after realising that the person who had sold the stand to them was not the actual owner of the property, they immediately demanded a refund from the defendants.
The plaintiffs said Dzete and Simango refunded them $ 7 000 in July.
“Wherefore plaintiffs claim against all defendants jointly and severally the one paying and the other to be absolved payment of $18 710 being refund of the purchase price and costs of development of the stand fraudulently sold to the plaintiffs,” said the couple’s lawyers.
Dzete is also facing a fraud charge after he allegedly ganged up with three accomplices and forged title deeds which they used to sell a house in Suburb residential area for $50 500 without the owners’ knowledge. The matter is still pending before the courts and he is out on $150 bail.
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