Local company director dupes land developer of US$2 million


LOCAL land developers, Mikando Housing Development Trust allegedly lost its land valued at US$2 million to another company, Aberfoyle Farming who had fraudulently sold the land to them.

The accused is Aberfoyle Farming‘s company director Tazviwana Chivaviro who appeared before Harare magistrate Stanford Mambanje today facing fraud charges.  Chivaviro was remanded out of custody on free bail until April 28.

The complainant in the matter is represented by Martha Mutamburi.

Allegations are that sometime in 2014, the complainant and the accused entered into an agreement in which the complainant was to develop and service the accused’s 191, 71 hectares of land at Lot 51 and Lot 52 of Kintyre Estates, Harare.

The complainant was to be given 24 stands as payment for her services.

The complainant carried out land development which included preparation of a layout plan, preparation of topographical and soil surveys as well as preparation of a general plan and road drawings.

Allegations are that the complainant completed the task and was given the 24 residential stands by the accused but was not given the deed documents since those stands were under one parent deed 9507/2002 which includes other complainants’ stands.

The parent deed allegedly contains 105 residential stands.

It is alleged that sometime during the year 2017, the accused borrowed a loan of US$1 000 000-00 from a company called Icejay Investments Pvt Ltd and surrendered his title deed for Lot 51 and Lot 52 of Kintyre Estates, Harare which encompasses the complainant’s residential stands as surety without the complainant’s knowledge.

The accused person failed to pay back the loan and Icejay Investment Private Limited approached the Supreme Court for attachment of the stands.  The accused was ordered to transfer the land in the market value of US$1 500 000-00 to Icejay Investment Private Limited.

Sometime in December last year, the complainant went to Zvimba Rural District Council (RDC) where she wanted to pay for a certificate of compliance in respect of her residential stands.

The state alleges she was advised to submit a parent deed for Lot 51 and Lot 52 of Kintyre Estates, Harare.

On January 6, this year the complainant went to the Registrar of Deeds where she discovered that the deed which includes her residential stands had a caveat prompting the complainant to report the matter to the police.

Investigations were carried out leading to the arrest of the accused person.

As a result of the accused’s actions, the complainant suffered an actual prejudice of US$2 000 000 and nothing was recovered