adminShamiso Dzingire Court Reporter
AN Inyathi-based miner has appeared in court for allegedly defrauding a Harare businessman of $150,000.
Micah Nyoni, 56, appeared before Bulawayo magistrate, Tinashe Tashaya on Thursday facing a charge of fraud.
He pleaded not guilty and was remanded out of custody to June 30 on $200 bail.
Nyoni was ordered not to interfere with state witnesses and to continue residing at his given address until the matter is finalised. He is also supposed to report to Inyathi Police Station once a week as part of the bail conditions.
The State will seek to prove that Nyoni misrepresented facts to Colin Cecil Rose that he was selling a mine which did not belong to him.
Rose allegedly paid a $100,000 deposit to Nyoni’s lawyers and a further $50,000 directly to him before he discovered that the mine did not belong to Nyoni.
Prosecuting, Charles Danda said sometime in 2009, Rose became a shareholder and director of Westwood Industrials (Pvt) Ltd after buying the entire shares from Talib Mohammed and Natasha Ibrahim. Westwood Industrials owned mining claims in Inyathi which are Tiberus 32, Tiberus 33 and Lonely A mine.
He said Rose bought the company and all its claims and assets for $90,000.
The court heard that after the mine was sold to Rose, Nyoni refused to vacate the mine claiming that he was a minority shareholder of the company. He further claimed that he did not benefit from a sale agreement entered into between Rose, Mohammed and Ibrahim.
Danda said in 2013, Nyoni offered the same mining rights and equipment for sale to Rose for a value of $400,000.
“Rose decided to repurchase the claims and machinery which included a stamp mill, compressors, tractors, amalgam, barrels and various pumps. He also bought the homestead and compound.
“Rose paid a deposit of $100,000 to Nyoni’s lawyers and $50,000 directly to him on different occasions on the understanding that upon payment of a deposit, Nyoni was to relinquish the mine,” said Danda.
He said Nyoni did not vacate the mine prompting Rose to stop paying further instalments after discovering that Nyoni was not the owner of the mine.
Online Reporter