adminEmily Mbewe Court Reporter
A BULAWAYO pastor yesterday told a court he illegally sold a house that was under caveat for $26,000 following legal advice by a lawyer from the now defunct Cheda and Partners Legal Practitioners.
Mnqobi Mhabinyane Ngwenya, 49, a pastor at Community of Christ Church in Nkulumane suburb, sold house Number 4264 Gwabalanda to a tenant, Duncan Ngqatha, who later renovated it for $8,000.
Ngwenya told Western Commonage magistrate Sibongile Msipa Marondedze that his lawyer Dumisani Dube of Cheda and Partners Legal Practitioners, told him the house could be sold.
He said Dube helped him to draft an agreement of sale permitting him to sell the house.
Ngwenya pleaded not guilty to fraud.
Msipa Marondedze remanded him out of custody to June 26 on $500 bail.
Prosecuting, Mufaro Mageza told the court that in July 2007, Ngwenya’s wife Sibonisiwe put a caveat to stand number 4264 Gwabalanda which clearly stated that the house should not be sold or transferred to any other person.
Mageza told the court that it showed that their two children Thapelo and Tumelo were the only beneficiaries to the house.
“The interim order sought was granted under case number HC 1675/07 and Ngwenya was advised of the provisional order and didn’t file a notice to oppose it,” said Mageza.
The court heard that Ngwenya, well knowing of the caveat, sold the house to Ngqatha for $26,000.
“Ngqatha later renovated the house for $8,000 before finding out that the house was under caveat,” said Mageza.
He said the matter came to light when Ngqatha failed to change ownership of the house into his name.
Online Reporter