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Prosper Dembedza
Herald Correspondent
Former Agriculture, Rural Development Authority (Arda) board chairman Basil Nyabadza last week filed an application for exception before Harare magistrate Tilda Mazhande on allegations of defrauding former lawmaker Blessed Runesu Geza of US$1 362 000 in a land deal.
Nyabadza who is being represented by Tazorora Musarurwa argued that the charge does not state the prejudice or the potential prejudice that was suffered by Geza.
Musarurwa further highlighted that the charge does not disclose how Geza was defrauded considering that the land involved belongs to the Nyabadza’s company which is entitled to dispose of it as it pleases in terms of the law.
The defense submitted that the outline states that the land belongs to Geza without mentioning how he derived such ownership when Nyabadza has registered title.
In its application the defense argued that the outline indicates that the total value stolen was US$1 362 000 without averring when, how or where that amount was ever received by Nyabadza.
According to prosecutor Anesu Chirenje, Geza bought a piece of land from Nyabadza measuring 42,3504 hectares for US$1 362 000 on October 29, 2020.
Chirenje said Geza was granted sole authority to subdivide, develop and sell the land. When the agreement of sale was done, Nyabadza allegedly misrepresented to Geza that the piece of land had title deeds which he would avail in a month’s time but failed to deliver.
Chirenje told the court that while Geza was in process of obtaining subdivision permits for the land from the Department of Physical Planning in Mashonaland West Province, he discovered that Nyabadza had sold the same land to Velda Estates.
The court heard that Geza engaged Nyabadza hoping for an amicable solution only to discover that his agreement of sale was cancelled without him being informed.
The matter was reported to the police leading to Nyabadza being summoned to the courts.
Magistrate Mazhande remanded the matter to January 31 for ruling on the application for exemption.
Geza suffered prejudice of US$1 362 000 and nothing was recovered.
Online Reporter