Estate agent cleared of $40 000 fraud

Court Reporter—

The prosecution has dropped charges against an estate agent who was accused of swindling a mental patient of $40 000 in a house deal.

Tongorima Mubaiwa (42), was accused of selling a house belonging to a mental patient, Charmine Takavarasha, to Howard Choga, a senior Zimbabwe Electricity Transmission and Distribution Company (ZETDC) official.

Mubaiwa, a registered estate agent, is an employee of Heaven on Earth Real Estate which handled the deal.

The prosecution withdrew the charges before plea after Takavarasha’s parents said the purchase price of the house was paid directly to them on behalf of their daughter.

The parents also showed the prosecution proof of a bank transfer that was made on February 23, 2016, in which the purchase price was deposited into their bank account.

Harare magistrate Mr Bianca Makwande told Mubaiwa that the State had withdrawn the charges against him before plea.

Mubaiwa, who was on $200 bail, was facing charges of theft of trust property.

When Mubaiwa appeared in court, the complainant was Mr Lawman Chimuriwo, a partner at Lawman Chimuriwo Attorneys.

Allegations against Mubaiwa were that in July 2014, he was appointed by the Master of High Court as the curator for Takavarasha nee Matombo.

It was alleged that Chimuriwo was mandated by the High Court to manage Takavarasha’s immovable property, stand number 12, 8th Close Warren Park 1, Harare.

Sometime in November last year, it was alleged that Chimuriwo sought permission from the High Court to sell the stand.

He wanted to settle Takavarasha’s debts to various institutions amounting to $15 000.

Proceeds from the sale of the house were also to cater for Takavarasha’s daily expenses and to pay school fees for her two children. Chimuriwo engaged Mubaiwa to look for buyers for the stand.

It is alleged that Mubaiwa advised Chimuriwo that he found a prospective buyer who was offering $46 000.

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