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Mashudu Mambo, Sunday News Reporter
A Bulawayo man was left counting his losses after he bought a half-developed residential stand in Mbundane for $16 100 from a trio that claimed they were given the green light to sell it by the owner.
The trio was later arrested after the owner of the stand visited the fast developing residential area only to realise that someone had taken over its development from the window level where they had left it.
The accused persons — Samson Tlou (63) of Number 37 Barbourfields, Bigboy Ncube (51) of Number 12054 Nkulumane and Nesbert Chikaka (56) residing at 2 Derby Road Hillside — appeared before Bulawayo magistrate Ms Gladmore Mushove facing a charge of fraud.
They were remanded in custody to 8 December for the commencement of trial. The trio according to court papers defrauded Mr Shadrek Chibharo of 64633/7 Tshabalala of $16 100 after they sold him the stand that belonged to Mr Robert Mandizha.
The court heard that on 20 August 2015, Mr Chibharo approached his uncle Khumbula Vumbungwa and informed him that he was looking for a residential stand to buy.
His uncle then gave him the phone number of Ms Sinikiwe Masese’s phone number so that he could contact her as she knew someone who was selling a residential stand. Mr Chibharo then contacted Ms Masese who then went to see him in the company of Chikaka, Ncube and Tlou.
The quartet then confirmed to Mr Chibharo that they were indeed selling the stand.
They told Mr Chibharo that they had been given special power of attorney by a registered owner Mr Robert Mandizha to sell the stand, Number 1022 Mbundane.
Tlou and Chikaka together with their co-accused Masesa who is at large met Mr Chibharo at Engen Garage along Nketa Drive and drove together to Mbundane where they showed him the stand which had about 10 rooms under construction and approximately at window level.
Later at an agreed date Tlou and Chikaka in the company of Masese drove to Tshabalala and picked up Mr Chibharo and his wife and they drove to Nimsa Engineering in Thorngrove to Chikaka’s office.
At the office, an agreement of sale was drafted by Chikaka and it was handed over to Mr Chibharo who demanded other documents pertaining to the stand but was advised that Ncube was on his way with the documents.
Ncube then appeared later with the documents for the stand and the power of the attorney dated 9 June 2015 which was purported to have been done by Mr Mandizha authorising Ncube to sell the stand.
Mr Chibharo then paid a deposit of $5 000. Ncube then handed a copy of his identity card as part of the accompanying documents.
The remaining balance was paid in varying amounts to the accused persons who took turns to follow up on the balance until it was fully paid up.
Mr Chibharo then commenced developments on the stand until December 2016, when he was approached by Ms Simangaliso Mandizha, the wife of Mr Robert Mandizha who informed him that she was the owner of the stand and did not authorise anyone to sell it.
Ms Mandizha then ordered Mr Chibharo to stop making any further developments and a report was made to the police, leading to the arrest of the trio.
Mr Kudakwashe Jaravaza prosecuted.
Online Reporter