adminTendai Gukutikwa Post Correspondent
A LOCAL businessman is facing two counts of fraud after he allegedly forged an affidavit and purported in the document that he had borrowed only $50 000 when in actual fact he had borrowed $714 400 and filed it with the Registrar of the High Court.
Peter Kuziva Kanyenze faces two charges of forgery as defined under Section (137) (1) (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
He also faces an alternative charge of defeating the course of justice by contravening Section 184(1) (d) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
He was not asked to plead to the two charges when he appeared in court on Tuesday.
Ms Tracy Muzondo presided over the matter as Mr Matthew Chimutunga prosecuted.
Representing Kanyenze was Mutare lawyer, Mr David Tandiri of Tandiri Law Chambers.
It was the State’s case that with the intention of depriving Charity Nazungu of her $714 400 which he had borrowed, Kanyenze unlawfully forged an affidavit by tempering and merging the contents of an uncommissioned affidavit to the bottom of a commissioned affidavit with the intention of creating a single affidavit of a photocopied document.
Stated Mr Chimutunga: “He thereby purported that the money that he had borrowed from Nazungu was only $50 000 instead of $714 400 realising that there was a real risk or possibility of defrauding her.”
On the second charge, Chimutunga alleged that on August 6, 2014 and at Chibaya and Associates Legal Practitioners, Mutare, Kanyenze went on to unlawfully make a representation by making a filling with the Registrar of the High Court a forged affidavit in Case Number HC 4377/14.
In the affidavit, he also purported that he had borrowed only $50 000 from Nazungu instead of $714 400 intending to deprive her of her $661 592.
In the alternative charge, circumstances surrounding the matter were that sometime between August 14, 2013 and August 6, 2014, Kanyenze unlawfully made a false statement in a purported affidavit to the effect that he had borrowed $50 000 from Charity Nazungu instead of the actual borrowed amount which is $714 400.
He allegedly defeated the course of justice by obstructing judicial proceedings in a High Court matter, case Number 4377/14 knowing that the statement was false.
Kanyenze was remanded out of custody to yesterday (Thursday) for trial.
Online Reporter