By Staff Reporter
A HARARE widow is up in arms with South Africa based businessman Frank Buyanga, accusing him of selling her a stand he fraudulently acquired for US$63 000.
Yvonne Mzilikazi has issued summons against the businessman demanding a refund of the money she paid towards the stand when her husband was still alive.
The transaction is said to have occurred on or about March 10, 2010, when Mzilikazi entered into an agreement of sale with Gutu Properties Limited, a company owned by Buyanga.
According to the summons, the company is not registered in Zimbabwe.
After they entered into an agreement, Mzilikazi and her husband allegedly bought stand 384 Athlone Township of Lot 2A of Greenegroove, measuring 4065 square metres.
The couple paid US$63 900 in full and the property was transferred into their names.
Mzilikazi went on to attach supporting documents showing the transfer of the stand.
However, in April 2010, one Magareth Marume, who was cited as the second respondent in Mzilikazi’s summons, approached the courts claiming the stand belonged to her.
She successfully sought for an order declaring Buyanga and Mzilikazi’s deal null and void.
Her argument was that Buyanga had fraudulently transferred the property into his company’s name.
The case spilled into the Supreme Court with the widow still fighting after losing her US$63 900 but the country’s highest appellate division ruled Marume’s favour.
“The first defendant (Buyanga)’s company misrepresented to the plaintiff and her husband and induced them to enter into an agreement of sale, for the property in that they lied to the plaintiff that they were real owners of the stand in question.
“It is common cause and it was established during the proceedings under HC2228/10, that, Gutu Properties Limited is a company not registered in Zimbabwe but the first defendant (Buyanga) is the owner of that company and that he was the one who necessitated the fraudulent transfer of the property from Marume to Gutu Properties Limited,” reads the summons.
Mzilikazi argues she was pushed into poverty by Buyanga and has incurred very high legal costs.
She said Buyanga promised to pay back her money to no avail and is now seeking the High Court’s intervention to get her money back.
Mzilikazi is being represented by Musendekwa-Mtisi lawyers.