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Thupeyo Muleya
Beitbridge Bureau
A 52-year-old man from Beitbridge has been sentenced to 5 years in prison for defrauding a home seeker of R370 000 after selling one housing stand twice.
Vengayi Nyenya of Tshidixwa suburb, pleaded not guilty to charges of fraud when he appeared before Beitbridge resident magistrate, Mr Takudzwa Gwazemba but was convicted on the strength of the State’s evidence. He was left with 20 months effective to serve after the magistrate suspended five months conditionally for 5 years.
A further 36 months were set aside on condition he pays R370 000 to the complainant as restitution.
Prosecuting, Mr Ronald Mugwagwa said sometime in 2006, Nyenya bought a housing stand in Tshidixwa suburb from one David Siasongwe and the sale was reduced in writing in the affidavit to that effect.
He said on August 25 in 2008, the accused sold the stand to Rejoice Madonko Mabikire.
The stand had been developed up to the window level and was sold for R370 000 and the money was to be paid on monthly instalments of R50 000. The court heard that both parties signed an agreement which was witnessed by a legal practitioner. After which, Mabikire developed the structure up to the roofing level. Mr Mugwagwa said clause 4 of the agreement of sale between the two parties gave Mabikire control of the stand.
In addition, he said Nyenya signed an affidavit relinquishing all his rights and responsibilities of the stand and ceded the property rights to Mabikire.
Soon after the woman occupied the stand and started developing it.
However, she did not change ownership of the stand into her name and it remained in the name of David Siasongwe.
The State said on July 4, 2018, Nyenya sold the same stand for US$40 000 to one Robert Tinashe Jakopo and approached Siasongwe to sign an affidavit ceding the property rights to the new ‘buyer’
The issue came to light when the new buyer wanted to occupy the property and a report was made to the police leading to Nyenya’s arrest.
As a result, Mabikire lost R370 000 following Nyenya’s new deal.
Online Reporter