Online Reporter
Zvikomborero Parafini
A HARARE lawyer, Concellia Maheya, remains in custody, pending her pre-sentencing hearing, after she was convicted on Friday of theft of trust property.
Maheya is expected back in court on April 7. She was convicted after a full trial by Harare magistrate Lisa Mutendereki. The complainant is Mercy Kabvara.
Maheya was formerly employed by Maseko Law Chambers.
The State, represented by Takudzwa Jambawo, proved that in October 2021, Kabvara wanted to purchase a residential stand in Harare.
She approached Templeton P Chadyiwa, an estate agent, who referred her to Stand 2308, Bluffhill Township, Harare, which he indicated was on sale.
She visited the stand for viewing and she was impressed and requested to meet the owner of the property. Chadyiwa took her to Maheya, who claimed to be acting on behalf of the owner Zvatinowona Tsitsi Kujeke. Maheya confirmed that the stand was for sale for US$30,000.
Maheya showed Kabvara a Deed of Transfer of the stand, which the State claims was fake.The stand measured 1265 square meters and was in the name of Kujeke.
On October 29, 2021, Kabvara entered into an agreement of sale to buy the property for US$30,000 and Maheya signed the agreement on behalf of the seller.
She received US$30,000 in cash to hold in trust while making sure that the transfer of ownership and the sale was being done above board before effecting payment to the owner.
Kabvara also made a payment of US$500 for conveyancing purposes.
A few weeks after the transaction Kabvara contacted Maheya to collect the title deeds but she was not forthcoming.
Kabvara visited the Deeds Office to verify the authenticity of the stand title deed and was informed that the title deed, which she had been shown, was forged and that the Deeds Office was holding on to the forged deeds for the purposes of destroying them.
The stand in question had legitimate title deeds which were different from the ones she had been shown by Maheya.
On December 3 2022, Kabvara confronted Maheya who offered her house, number Lot 327 Block B, Hatfield of Hatfield Estate, as compensation for the amount prejudiced.
The property is still being administered by the Master of the High Court and Maheya offered it while she was fully aware that she had no legal consent from the Master, in terms of Section 120 of the Administration of Estates Act Chapter 6:01.
The agreement did not go through since Maheya had no consent to sell.
On February 23, 2023, Maheya signed an acknowledgement of debt with Kabvara.
She acknowledged she was owing a total of US$30 000 to her.
Investigations done at City of Harare indicated that stand 2308 Bluffhill, Harare was sold on June 16, 2018, to Collen Kapende by Kujeke.
As a result of Maheya’s actions, Kabvara suffered an actual prejudice of US$30,50.
