Friday, 1 July 2016

BUYANGA FIGHTS TO KEEP HOUSE

Police are investigating three suspected fraudsters and a city lawyer on allegations of conniving to defraud businessman Mr Frank Buyanga of his Greendale house in Harare worth over $530 000.

Those under probe are Harare lawyer Tamuka Moyo of Tamuka Moyo Attorneys, Tawanda Jakachira, Winnie Jakachira and Simon Charewa. The case numbers are CR Number Harare Central 2005 /4 /16 and DR Number Serious Frauds Squad Harare 16 /5/ 16.

This comes after they had been reports last week that Mr Buyanga had lost his Greendale house which was put up for sale by the Sheriff in a bid to recover $535 000 after “he failed to reimburse” a local couple $132 000 following a botched deal.

Mr Buyanga then made an urgent chamber application at the High Court and a report to the CID Serious Frauds Section over the case.
Mr Buyanga, through his lawyer, Mr Tichavona Mutebere of Mutebere and Company Legal Practitioners, made the application on Wednesday.

In the application Mr Mutebere said: “The first applicant (Mr Buyanga) has filed a police report against the first and second respondents, Simon Charewa and Tamuka Moyo for masterminding a fraud case against him and the second applicant (Rivin Vanam Trading {Pvt} Limited) regarding the purported sale of shares agreement and subsequent arbitration proceedings before Honourable M. H. Chinhengo which culminated in the attachment of first applicant’s immovable property and the pending sale.”

He said Tawanda and Winnie Jakachira alleged that they paid the purchase price to Mr Buyanga, but had failed to proffer proof of payment.

“The alleged proof of payment relied upon by the respondents was signed by Simon Charewa, who purported to write the letter on behalf of Hamilton Property Holdings dated January 2015. The letter is a fraudulent document which is being and was relied upon by the respondents (Tawanda and Winnie Jakachira) because at that time of the letter of confirmation, the Hamilton Property Holdings (Pvt) Limited was already under judicial management,” Mr Mutebere said.

He said it was placed under judicial management on September 12, 2012 and that no other person had authority to sign documents on behalf of Hamilton Property Holdings other than the judicial manager.

“Additionally, the alleged confirmation of payment did not come from the applicants who were parties to the sale of shares agreement, but allegedly from Hamilton Property Holdings.

“This a clear fraudulent proof of payment not confirmed by the applicants and as such the arbitral award and subsequent court order are based on a fraudulent misrepresentation that payment was made to the applicants yet there was no payment at all made to the owners of the property,” Mr Mutebere said.

He said if the judicial sale was allowed to proceed, Mr Buyanga would suffer irreparable harm.

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