VICE-PRESIDENT Kembo Mohadi has filed an $11,7 million litigation against the executor of the late Thenjiwe Lesabe’s estate, together with one Reginald McGillivray Dawson, accusing the latter of fraudulently double-selling and transferring a piece of land in Beitbridge where he is a shareholder.
BY CHARLES LAITON
Mohadi and his co-plaintiffs, Josias John Moyo and Lesabe’s estate, issued summons against Barbra Lunga, Impact Trust and Executors, Dawson, Afric Oil Petroleum, Beitbridge Town Council, Sheriff of the High Court, Registrar of Deeds and Deputy Master of High Court Bulawayo.
All the cited defendants in the matter have since entered their appearances to defend.
In their combined declaration, Mohadi, Moyo and the estate said they were now seeking an order of the court declaring that the agreement of sale of the land measuring 3,9857 and 2,8243 hectares respectively, entered into by Lunga and Impact Trust and Executors, in their capacities as liquidators of a company called Nerry Investments (Pvt) Ltd while allegedly acting in consent with Dawson and in agreement with council, be declared null and void.
“Disposal of stand number 1418 Beitbridge Township was done by the first defendant (Lunga) acting in her course of employment of second defendant (Impact Trust and Executors) and as a liquidator of Nerry Investments, was a fraudulent intentional double sale to Red Queen Trading which was done in July 2014 purportedly under lease number A/0171/06 in concert with third (Dawson) and fifth (Beitbridge Town Council) defendants. . . she sold the said immovable properties with no resolution or directions of members, contributories of the company which held the property and without leave of the court,” Mohadi and colleagues said.
They now said they were seeking payment of $1 700 000 for lost movable properties, namely fuel tanks and storage facilities and: “An order cancelling of title deed no . . . 0001464/2014 and 1465/2014 all registered in the name of fourth defendant . . . and $10 000 000 being loss occasioned to plaintiffs by first to fifth defendant’s fraudulent sale of the business equipment and assets of their company.”
Mohadi and colleagues said if they had continued running their fuel depot on the said commercial property without the double and fraudulent sale occasioned by Dawson, they would have realised profits in excess of $10 million.
According to the VP, sometime between 2014 and 2015 and at the instance of Dawson, Lunga and Impact Trust and Executors double-sold stand number 1418 Beitbridge Township, Beitbridge to Afric Oil Petroleum, “a vehicle for the fraud for Dawson by public private treaty”.
The VP said they “became fully aware of these facts in 2016 when the following fraudulent conduct was unravelled through the Zimbabwe Republic Police (ZRP) squad investigations”, adding the said fraudulent double sale subsequently led to Afric Oil Petroleum taking registered title of stand number 1418 and 1419, Beitbridge Township in 2014.
“The double sale and subsequent registration of title of the said property into fourth defendant is contrary to law in that: the sale was a fraudulent double sale and mala fide. At the time of sale, the whole undivided lot of stand 1418, Beitbridge Township which got divided into stand number 1419 had been leased with an option to purchase to Nerry Investments (Pvt) Ltd, a company to which first, second and third plaintiffs are shareholders, members and contributories who were running a fuel depot thereon under lease number A/1228/10 for seven years from October 1, 2010 to October 2017.”
They said the lease had an option to purchase which had been initiated by Moyo, Mohadi, the estate and Dawson for the benefit of Nelly Investments (Pvt) Ltd which Dawson later fraudulently put into liquidation.
“. . . first defendant (Lunga) acting in the course of her employment of the second defendant and acting in concert with the third and fifth defendants sold the same property to the fourth defendant who knew or ought to have known because the said lease with an option to purchase was registered and had a supporting council resolution and was always kept as a public document in the fifth defendant’s office.”
The matter is still pending.