HARARE – Mutare North MP Batsirayi Pemhenayi fraudulently sold a residential piece of land, resulting in a Nyazura man losing $18 000, a High Court judge has heard.
Pemhenayi sold Stand number 7522 in Mutare in 2010 to Zuzeyi Mandiyabe, yet the property did not belong to him.
Mandiyabe, through his lawyer Kudzaishe Gama, approached the court seeking to recover his money.
“At the time of purporting to sell the rights, title and interest, defendant (Pemhenayi) was aware that he had no rights, title and interest in the property,” Mandiyabe told the court.
According to Mandiyabe, Pemhenayi told him that he had bought the said property — measuring 2 204 square metres — from the city of Mutare.
The court heard Mandiyabe paid $12 000 to Pemhenayi for the purchase of the property in August 2010 before building a house.
However, it later emerged that the property did not belong to Pemhenayi and was not registered in his name. It was owned by a third party.
The court heard that Mandiyabe went on to demand repayment from Pemhenayi after realising that the property was not registered in the parliamentarian’s name.
The court heard Mandiyabe sought legal intervention after failing to get back his money, following an arrangement to purchase the same property for $14 000 from the real owner to mitigate his loss.
He said he later used $6 000 to pay legal practitioners who handled his case, resulting in him losing a total of $18 000.
High Court judge Hlekani Mwayera, however, ordered the legislator to pay back Mandiyabe’s money.
“Defendant (Pemhenayi) shall pay plaintiff (Mandiyabe) costs of suit on an attorney and client scale,” reads Mwayera’s ruling.
Gama has since written a letter to the Salary Service Bureau seeking a garnishee order.