By Mary Taruvinga
SOUTH Africa based property mogul, Frank Buyanga is up in arms with his baby mama’s dad, Lawrence Muteswa who has allegedly cheated him in a US$350 000 worth house deal.
Delta Beverages has also been caught up in the wrangle after the retail trader, Muteswa, registered a bond as surety for his obligations with the company on the Greystone property he had sold to Hamilton Properties Holdings (Hamilton) owned by Buyanga.
The scandal has not only thrown Delta into the cross hairs of botched deal but also the Registrar of Deeds and companies and one Elizabeth Tete who eventually bought the house.
Buyanga on Monday approached the High Court demanding US$300 000 being value of the property from Muteswa and reversal of any proceedings which occurred with regards to the stand after Muteswa fraudulently claimed replacement of title deeds from the Registrar of Deeds and Companies.
Muteswa was cited as first respondent and in order, Delta, Tete, the Registrar of Deeds and Companies and the High Court Sherriff were also cited as respondents in the summons.
“The plaintiff, (Hamilton) is seeking an order declaring invalid the issuance of replacement title deeds for a certain piece of land in Greystone Township measuring 4337 square metres held under deed of transfer number 10703/2002,” reads the summons.
“The plaintiff is also seeking an order setting aside the sale to Casper Masvikeni Family Trust of the same stand and an order setting aside the mortgage bond passed by the Registrar from Muteswa in favour of Tete.
According to court papers, alternatively the plaintiff is seeking payment of US$300 000 by Muteswa to Buyanga’s company at the current interbank rate this being the current value of immovable property called 709 Greystone Township.
In its declaration, the company said on the 16th of September 2009, Hamilton properties purchased the Greystone Park stand from Muteswa.
Parties went on to record and sign the agreement of sale before Muteswa delivered the original title deeds to the company after the conclusion of the sale.
It is alleged that Muteswa then caused the arrest of Buyanga alleging the agreement was procured fraudulently but the businessman was absolved of wrongdoing by the court.
Buyanga alleged that around 2011 and unbeknown to his company, Muteswa successfully applied from the registrar to be issued with a replacement copy of the original title deeds to the property which he had sold to Hamilton Properties.
He claimed the deeds were destroyed and cannot be found.
Acting on the misrepresentation, the registrar of deeds and companies complied and granted Muteswa a copy of the title deeds with the same validity as those that Buyanga held awaiting transfer of the property.
“Armed with the replacement title deeds, Muteswa entered into a loan agreement with Delta for an amount of US$350 000 in terms of which he mortgaged the property in question. A mortgage bond was registered in favour of Delta,” reads part of the summons.
Buyanga learnt of the loan agreement in April 2017 and advised Delta but did not respond.
Muteswa allegedly failed to service or retire the loan advanced to him resulting in registrar of deeds and companies instituting foreclosure proceedings with the High Court.
This resulted in the property being sold by the Sherriff to Tete in execution of the High Court’s judgment.
On May 2018, Tete sought eviction of Muteswa from the house in question and the application was granted under case HC 4656/18.
The property has since been transferred into Casper Masvikeni Family Trust but Buyanga argued that the replacement of title deeds granted by the registrar of deeds and Companies should be declared invalid.
Buyanga has a four-year-old child with Muteswa’s daughter Chantelle and the two are in and out of the courts fighting over custody of the boy.
The businessman is currently with the boy claiming that Chantelle has proper accommodation to shelter his son since her father was evicted from the Greystone house.