Constantine Chaza, who is employed as a legal clerk, is
alleged to have forged some signatures on a power of attorney used to
facilitate the sale of a property in Highlands, Harare.
In the long running civil dispute over ownership of a
Highlands property, Mr Mashamhanda wants Chaza, a legal clerk at Mr Tendai
Biti’s law firm, investigated on suspicion of allegedly forging signatures on
the document on behalf of his client, Mr Elliot Rogers, who is reportedly based
in the United Kingdom.
Mr Mashamhanda filed a report against Chaza at Harare
Central Police Station.
Mr Mashamhanda also wants the police to establish if Mr
Rogers is still alive or not, as part of the investigations.
Sources yesterday confirmed that investigations were still
underway and they will soon question Chaza over the matter.
High Court Judge, Justice Tawanda Chitapi ruled that
businessman Mr Mashamhanda was the legal owner of the 4 377 square metre
property worth over US$230 000 having bought it in 2019 through an auction
after it had been attached from Harare lawyer Mr Puwayi Chiutsi following a
wrangle with his former client Mr Elliot Rodgers over US$70 000 of trust money.
During the wrangle, Mr Rogers was reported to have written
and signed a power of attorney, authorising Chaza to sign all necessary
documents in pursuance of his claims against Mr Chiutsi.
“I, the undersigned Elliot Rogers (born on 13/11/1954) and
currently residing at 6 Compton, Terrace, London N1, 2UN United Kingdom
nominated and appointed Constantine Chaza (born 10 May 1969, a clerk in the
employ of Tendai Biti Law, more than two years ago, on 22 February 2016 and I
authorise her power of attorney and still authorised by me, to do all such
things, and sign all necessary documents in pursuance of my claim against
Puwayi Chiutsi connected with the execution of all my claims arising from case
Number HC3331/2014,” reads part of the Special Power of Attorney.
On the initial case of perjury, Chaza is out on $5 000
bail. He will be back in court on October 28 for trial.
The court heard that on February 22, 2019 Chaza made a
statement under oath and filed it at the High Court under reference number
HC1444/19. In the affidavit, Chaza lied that the transfer of the property at 41
Ridgeway North in Highlands to Mr Tendai Mashamhanda was as a result of a deed
donation.
Chaza also lied that no capital gains tax was paid to the
Zimbabwe Revenue Authority and that lawyer Mr Puwayi Chiutsi and not Ms
Jaqueline Sande was the conveyancer in the matter.
The court heard that Capital Gains Clearance certificate
was issued on February 7, 2019 and Ms Sande of Sande Legal Practice was the
conveyancer. Herald
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