High Court Sheriff granted bail

Zvikomborero Parafini

HIGH Court Sheriff, Macdaff Madega, who is being charged with fraud, was yesterday released on $20 000 bail.

Madega was not asked to plead when he appeared before Harare regional magistrate Stanford Mambanje.

He was ordered not to interfere with witnesses and to report to his nearest police station on the last Friday of each month.

The complainant is the State represented by John Max Chinyanganya.

The court heard that in 2002, John Max Chinyanganya and his wife Agnes Tatenda Chinyanganya, bought a property, Stand No. 283 Philadelphia of Sherwood Park, from Miriam Tose Majome for $9 500 000.

The title deed of the property was in the name of Mai-kai Real Estate Trust and they did not effect title change at the time.

It is the State’s case that in 2011, Madega by virtue of being the Sheriff of the court, attached the mentioned property over a dispute between Clareta Chirenda vs Mai-Kai Real Estate Trust in case No HC 756/11.

Mai-Kai Real Estate Trust was a judgment debtor to a debt owed to Clareta Chirenda.

Chinyanganya allegedly came across an auction advertisement of the property in question, in a local newspaper, and approached the Sheriff and objected to the sale of the property.

He indicated that they had fully purchased the property from Miriam Tose Majome, who had purchased the stand from Mai-Kai Real Estate Trust.

Despite raising the objections, the State alleges that Madega allowed the auction to proceed and it was won by Rangarirai Gwendere.

Chinyanganya, through his lawyer Emmanuel Makanjera Mukweva of Hamunakwadi, Nyandoro and Nyambuya, served the Sheriff with a letter objecting to the confirmation of the sale to Rangarirai Gwendere.

Madega convened a meeting which was attended by Rangarirai Gwendere, the winner of the auction, the complainant and his lawyer, Emmmuel Mukwewa.

Madega allegedly allowed the objection and directed the complainant to pay Rangarirai Gwendere US$6 000 in administration fees that he had incurred in participating in the auction.

Chinyanganya duly paid US$6 000 cash to Rangarirai Gwendere and he withdrew his bid.

Sometime, in February 2012, Madega placed the same property for sale through public action, for the same case, Clareta Chirenda vs Mai-Kai Real Estate Trust in case No HC 756/11.

The auction was held in February 2012 and the judgment Creditor Clereta Chirenda participated in the auction and was declared the highest bidder for US$32 000.

Madega, however, indicated to Clareta Chirenda that the bid was too low.

Clareta Chirenda then offered US$46 000 and the sheriff accepted and then sold the property to Clareta Chirenda under private treaty.

The Sheriff acted contrary to and inconsistent with his duties as a Public Officer by offering for sale through private treaty to the judgment creditor, a property that he had earlier accepted an objection for.