GRANNY JAILED FOR STEALING ESTATE PROPERTY

Magistrate Franklin Mkwananzi has sentenced Mbuya Eveline Masiyambiri (72) and two accomplices to 36 months in jail for fraud after they stole estate property.

Magistrate Mkwananzi commuted the sentence and Mbuya Masiyambiri will perform 625 hours of community service at Runyararo Primary School.

Her daughter, Ranganai Chapwanya (53) will do community service at Runyararo Clinic whilst her son-in-law Reason Chapwanya (49) will serve at ZRP Chikato.

The trio was convicted of fraud after they falsified ownership of a Mucheke house that Masiyambiri was a caretaker to and disenfranchised the rightful owner, Elisha Farai Mzilikazi.

Masiyambiri falsified documents and got a default judgment granting her ownership of the house at the High Court. Magistrate Mkwananzi cannot overturn a High Court judgment and Mzilikazi has to approach the High Court.

The property at 1922 Tembwe Street, Mucheke D, Masvingo belonged to Mzilikazi’s late grandfather Elisha Zvichaita Mushangwa who died in 1995 without leaving a will.

Mushangwa’s son, Elison inherited the property and didn’t register the estate with the High Court.

Elison died in 2004 after he had purchased building material to extend the house. He left his wife Martha Tivatye and Mzilikazi who was then a minor living at the house.

Tivatye died in 2006 and Masiyambiri was appointed caretaker. She would collect rentals on Mzilikazi’s behalf among other roles.

Masiyambiri, however stopped remitting rentals to Mzilikazi in 2012 and said that she was renovating the house.

Mzilikazi turned 18 in 2015 and went to register his grandfather’s estate under DRWE162/15. Masiyambiri, her daughter and son-in-law opposed Mzilikazi’s claim and submitted falsified letters alleging that she bought the house from the late Elisha Mushangwa.

Masiyambiri approached the High Court in 2016 and was granted a default judgment making her owner of the house after the estate executor failed to show up at court.

She went on to transfer the house ownership into her name at Masvingo City Council.

Mzilikazi approached the court seeking compensation and provided evidence that showed that he is the rightful owner of the house.

In his ruling, Magistrate Mkwananzi considered that Masiyambiri is advanced in age and used most of the rentals money to renovate the house.

“This case is a sophisticated one, involving a joint fraudulent effort, including falsifying an agreement of sale, escalating the matter to the High Court, and ultimately securing a ruling declaring Masiyambiri the sole owner,” he said. Masvingo Mirror

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