By Mary Taruvinga
A HARARE-based engineer Benson Nhekairo has been taken to court on allegations of misrepresenting facts to sell his upmarket stand.
The matter is now before the High court where the complainants, Chenai and Kamurai Mangwanda want their agreement with the Nhekairo’s cancelled.
The engineer and his wife Angela are being sued together with their company Arosume Property Development Private Limited cited as the first respondent
The couple is seeking cancellation of an agreement of sale of an upmarket housing stand in Carrick Creagh, Borrowdale on allegations that the Nhekairo’s made misrepresentations in a bid to convince them to buy a stand worth over US$50 000.
They also want a refund of US$27 000 they had paid towards the stand, or equivalent local currency plus interest and costs of suit.
They are alternatively seeking an order declaring stand No’320 Carrick Creagh, measuring 1 260 specially executable.
According to court papers on January 8 this year, the Nhekairo’s misrepresented to the Mangwandas who were looking for a stand to buy in the affluent suburbs, that they were duly authorised directors of Arosume and were selling 1 x 1800 square meters sub-dived stand.
The plaintiffs demanded to see and inspect the stand and were taken for viewing by the Nhekairos.
They were also given title deeds and survey diagrams thereof fraudulently misrepresenting further to the plaintiffs that the diagram of the alleged subdivision was genuine and their subdivisions were legally compliant with all laws of Zimbabwe save for a few things they were finalising.
Marangwanda paid a deposit of US$2 000.
The balance was to be paid in instalments.
According to court papers, the plaintiffs paid US$27 towards settling their obligation. They then demand to see compliance certificates, subdivision permits, survey diagrams, deductions, and all ancillary compliance papers for the subdivision.
Parties had agreed that if Arosume failed to produce the demanded documents they will cancel the agreement.
“As plaintiffs made more demands to ensure defendants were compliant, the defendants were compliant, Angela on her own behalf and claiming to be acting on behalf of Benson and Aerosume started making extortionate claim of demanding 40 percent penalty from the amounts already paid to them if they wanted to cancel the said agreement or that they had an option to sign a new agreement of sale,” reads court papers.
After conducting due diligence through their lawyers, the plaintiffs became aware of false presentations made to them.
The purported survey diagram they had been given was false and they had no compliance certificate.
The Nhekairo’s also did not have subdivision permits.
Mangwanda said they acted criminally and fraudulently.
The matter is yet to be heard.