THE trial of two brothers-in-law, Tendai Jemwa and Thomas Masango, commenced yesterday, with Jemwa denying allegations of fraudulently changing ownership of a property they co-owned.
The dispute centres around their business partnership, Ten Jem Consultancy. Jemwa allegedly invited Masango into a business partnership in 2007, and they acquired various properties in the name of Ten Jem Consultancy and other companies.
Masango alleges that Jemwa went on to change the ownership of the property and fraudulently removed Masango’s name. Jemwa appeared before Harare regional magistrate Clever Tsikwa, where he denied the allegations, noting that Masango filed an application regarding the same issue at the High Court.
Jemwa told the court that the property was bought by Ten Jem Consultants in January 2007 from Charles Zinto. The agreement of sale was signed and concluded by the company, and a title deed was registered in favour of the company.
The agreed purchase price was ZW$58 000,000.
Jemwa argued that Masango was not privy to the agreement of sale and could not expect to have been notified when the property was sold.
The State alleges that Masango and Jemwa entered into various verbal business ventures as partners and acquired properties, including 58 Spitzkop, Snake Park, Harare. Both parties allegedly bought the property from Zinto and contributed a purchase price of ZW$29 000 000 each.
The court heard that Jemwa allegedly defrauded Masango ownership of the property by secretly collecting the file containing all transfer documents and agreements from their lawyer without his knowledge and consent. The trial continues on May 12.
Recently in other case Jemwa who owns Jemedza High School in Hwedza, Philadelphia, Grasslands among others, lost to Masango in a case where the judge emphasized that he aimed to use the High Court to legitimize his questionable actions. The judge stated, “The court should not be approached to endorse falsehoods or transactions that violate the law. Courts do not exist to settle personal disputes or to legitimize transactions founded on material falsehoods and misrepresentations.”
RUTENDO NGARA
