Land baron in court over US$600k fraud

Court Correspondent

A SUSPECTED land baron, Shepherd Katuruza, who is the director of Planning and Design Studio Consultants, yesterday appeared in court facing charges of defrauding homeseekers of US$600 000.

He appeared before magistrate Mr Dennis Mangosi charged with fraud.

He was granted $100 000 bail on condition that he also surrenders his passport, title deeds for his Mabelreign property and to report to the police once every week.

The matter was remanded to May 16.

The state led by Mr Zororai Nkomo alleged that on the first count, the complainant is Ms Elizabeth Wadzanai Magara.

Sometime in September 2015, Ms Magara was looking for a residential stand to buy and she was introduced to Katuruza by an estate agent.

Katuruza said he was selling a certain piece of land being the remainder of Gurlyn Barton, measuring 2 240 square metres for US$43 000.

After viewing the said piece of land, Magara liked it instructed her lawyers to process the transaction.

An agreement of sale was drafted and signed by the two parties, in which Ms Magara was to pay a deposit of US$14 400.

The balance would be paid in eight instalments. 

On September 16, 2015, Ms Magara paid a deposit of US$13 554.48 to Katuruza and an agreement of sale was drafted and signed. 

During the period September 28, 2015 to September 30, 2016, Ms Magara paid US$21 592 to Katuruza through her lawyers. 

After the full purchase, Ms Magara tried to engage Katuruza for the transfer of the property into her name but he became evasive.

Then on June 7, 2021, Ms Magara’s lawyers conducted a deed search with the Registrar of Deeds and discovered that the property was registered in the name of Melphy Chinatsire Sakupwanya, under Deed number 5441/12, but later transferred on February 5, 2018 to Innovatable Investments Private Limited under Deed number 679/2018.

Ms Magara further discovered that there was no relationship between Katuruza and the current registered owner of the property.

On second count, the complainant is Mr Vitalis Panganai Makarichi (64) employed as a pastor by Apostolic Faith Mission. 

Sometime in 2021, Mr Makarichi was advised to deal with Katuruza by one Cleopas Manyika because he wanted to buy a church stand. 

Katuruza told him that he was selling 10 000 square metres in Mabelreign and on November 21, 2021. 

Mr Makarichi then paid a deposit of US$50 000 cash and a Toyota Hilux double cab valued at US$50 000 to make a total of US$100 000. 

The agreement of sale stated that Katuruza was supposed to apply for Capital Gains Tax assessment, Stamp duty, registration fees and Rates Clearance Certificate within 10 days.

He failed to apply for Capital gains tax until October 20, 2022. 

The two revised the agreement of sale and agreed to separate the two stands for production of title deeds. 

The deed was supposed to come in the name of Kingdom Life Centre Trust but Katuruza failed to honour the promise. 

Mr Makarichi occupied the property and attempted to erect a fence, but was temporarily stopped to allow regularisation with the Environmental Management Agency (EMA). 

Upon occupation, an Energy Park representative then came claiming to have bought the same property from Katuruza and erected a fence covering the 3 047 square metres. 

Mr Makarichi then tried to engage Katuruza but he failed to access him and it raised suspicion of a double sale of the property.

As a result, Mr Makarichi lost US$125 000 for the property, US$4 000 surveyor’s fees and US$50 000 was recovered in the form of a motor vehicle.

On the third count, the complainant is Ms Christin Peta, (52), who is listed as employed by a UN agency.

The State alleged that sometime in 2008, Ms Peta bought a residential stand at number 152 Port Glen road, Ryelands, Borrowdale, Harare, from Costain Africa Construction Company and built a house on the same stand, and thereafter processed the title deeds for the house.

During the year 2014, Ms Peta got employment in South Africa and before she went, she decided to lease the house to the Katuruza through Essprince Reality Zimbabwe Real Estate Company. 

Katuruza agreed to pay monthly rental of US$2 000. 

During the month of February 2019, Ms Peta returned to work in Zimbabwe and gave notice to Katuruza to vacate her premises since she now wanted to occupy her house.

Katuruza then made an application for a binding order to the High Court on case number B449/19 claiming that Ms Peta, had sold her house to him, yet he had been paying US$2 000 as monthly rentals. 

Acting upon the misrepresentation, the High Court then delivered its ruling against Katuruza.

The amount prejudiced is US$500 000.