H-Metro
Paidamoyo Bore
THREE men appeared in court yesterday for allegedly defrauding a home seeker of US$17 900 in a botched residential stand deal.
Fabion Musekiwa Gombe, Ebba Kundai Ganya and Tinotenda Murenje appeared before Harare magistrate Dennis Mangosi facing a fraud charge.
Murenje was granted $200 000 bail while Gombe and Ganya were released on free bail.
The State said sometime in May last year, Ganya advertised a piece of communal land measuring 8 000 square metres for sale on her Facebook timeline on behalf of Murenje and Gombe.
The land, located in Nyariri Village under Chief Chinhamhora, was advertised for US$30 000, and the complainant in this case, Tongai Muzhinji, expressed interest.
Muzhinji met Ganya in Domboshava and she took him to meet Murenje and Gombe on the same day.
Muzhinji agreed to pay the US$30 000 in instalments.
The State said Murenje used his brother’s ID card when they were signing the agreement of sale, while Ganya signed as a witness.
In the same month, Muzhinji paid Gombe the first instalment of US$6 000 towards purchase of the land. Muzhinji was then shown the stand in Nyariri Village.
The court heard that Muzhinji made several payments amounting to US$17 900, but later discovered that the land belonged to someone else.
Muzhinji tried to call Murenje but his number was no longer reachable and he reported the matter to the police.
The State had argued against bail for Murenje saying he went on the run when learnt that the matter had been reported to the police.
The State said Murenje displayed signs that he could abscond if granted bail.
It was also submitted that there was overwhelming evidence against Murenje as the person who received the money and also signed the agreement of sale.
However, in his defence, Murenje said the State was misleading the court that he had tried to run away.
“I never tried to run away or to be evasive as they are telling the court, but the time the matter was reported to the police, I was in the rural areas for my mother’s burial and my phone was off.
“They are lying that the police were looking for me, no one came looking for me.
“I got back from the rural areas on Thursday and the following day I was then arrested,” he said.
He also told the court that he had indeed sold the stand and Muzhinji had an outstanding balance he was supposed to settle first to fully own the stand as per agreement.
The court rejected the State’s application to deny Murenje bail, saying there was no proof that Murenje tried to flee.
“This is a civil matter where both parties can settle and therefore there are no compelling reasons to deny him bail,” said magistrate Mangosi.
