A 42-year-old estate agent yesterday appeared at the Harare
Magistrates’ Court, facing allegations of theft of trust property after
selling a house belonging to a mental patient.
Tongoona Mubaiwa, who is employed by Heaven on Earth Real Estate, was remanded out of custody on $200 bail when he appeared before magistrate Bianca Makwande and was remanded to November 14 for trial.
According to court papers, the complainant in the matter is cited as Lawman Chimuriwo Attorneys.
Allegations against Mubaiwa are that on July 9, 2014, the law firm was appointed as curators for Charmaine Shungu Takavarasha by the Master of the High Court to manage an immovable property situated in Warren Park.
Sometime in November last year, it is alleged the curator sought leave from the High Court to sell Takavarasha’s house in order to settle her $15 000 outstanding debts with various institutions and to pay for her day-to-day expenses and also to pay for two children’s school fees. The application was granted to dispose of the property.
The State alleges the curator then appointed Mubaiwa to look for prospective buyers for the property and after sometime, the latter advised the curator he had secured a buyer who was willing to pay
An agreement of sale was entered into between the law firm, Mubaiwa and Howard Choga as the purchaser.
The State alleges it was agreed that Choga would deposit the $46 000 into Mubaiwa’s company account and the money would then be released to the seller upon transfer of the property.
Choga transferred the $46 000 into Mubaiwa’s account and the latter then transferred $6 231 to the curator which covered a debt owed by Takavarasha and enabled the release of the title deeds.
However, Mubaiwa allegedly failed to release the $39 769 balance to the curator despite several demands, prompting the curator to report the matter to the police.
Sebastian Mutizirwa appeared for the State.newsday