Online Reporter
Yeukai Karengezeka-Chisepo
Court Correspondent
A HARARE businessman has been jailed for an effective four years for defrauding his brother-in-law in a long-running property dispute involving millions of dollars.
Tendai Jemwa was initially handed a six-year sentence by regional magistrate Francis Mapfumo, who suspended two years on condition of good behaviour, following his release.
In passing sentence, the magistrate noted that Jemwa was a first-time offender and the breadwinner of a large family, with two wives and several children.
However, he ruled that the seriousness of the offence warranted a custodial sentence.
The court heard that the dispute centred on a 1,6-hectare stand in Spitzkop, Snake Park, Harare.
Magistrate Mapfumo said the court could not determine the exact value of the property because of conflicting submissions by the parties.
The complainant, Thomas Masango, valued the land at US$976,000, while Jemwa insisted it was worth US$56,000.
As a result, the court did not consider restitution.
According to the State, represented by Ephraim Zinyandu, Masango and Jemwa — who are married to sisters — entered into a verbal business partnership in 2007 to jointly purchase and manage the property through Ten Jem Consultancy (Pvt) Ltd.
It was agreed that MMasango would hold a 50 percent shareholding in the company.
However, in 2012, Jemwa allegedly acted fraudulently by obtaining the property’s transfer documents from their lawyer without Masango’s knowledge or consent.
He then transferred ownership of the property solely into the company’s name while excluding Masango from the agreed shareholding structure.
The court found that Jemwa’s actions effectively stripped Masango of his stake in the jointly acquired property, triggering a protracted dispute between the two relatives.
Masango subsequently took legal action, accusing Jemwa of unlawfully removing him from the ownership arrangement and depriving him of his rightful share in the property.
Mathew Masinge