Businessman Mr Frank Buyanga has taken Police Commissioner-General Dr Augustine Chihuri and a retired judge to court in a case in which three suspected fraudsters and a city lawyer allegedly defrauded him of a house in Greendale, Harare, worth over $530 000.
According to Mr Buyanga’s application deposited at the High Court last Thursday to set aside an arbitral award, Comm-Gen Chihuri is cited as second respondent, while retired High Court judge Justice Moses Chinhengo is first respondent.Tawanda Jakachira is third respondent, his wife Winnie fourth, Simon Charewa fifth while lawyers Norman Mugiya and Zivanai Macharaga of Mugiya and Macharaga Law Chambers are cited as sixth respondents.
Mr Buyanga is being represented by Rubaya and Chatambudza Legal Practitioners.
According to the application, Comm-Gen Chihuri is cited in his official capacity for purposes of informing the court, the status of the criminal fraud investigations against Tawanda and Winnie Jakachira and Charewa being conducted by the CID Serious Frauds Squad.
Recently, police launched investigations on Harare lawyer Tamuka Moyo of Tamuka Moyo Attorneys also linked to the couple Tawanda and Winnie, and Simon Charewa under case numbers CR No. Harare Central 2005/4/16 and DR No. Serious Frauds Squad Harare 16/5/16.
The probe comes after reports that Mr Buyanga had lost his Greendale house that was auctioned in a bid to recover $535 000 after “he failed to reimburse” a couple $132 000, following a botched deal.
Mr Buyanga then made an urgent chamber application at the High Court and a report to the CID Serious Frauds Section over the matter.
He said on February 2 2010, he signed an agreement of sale of shares as a representative of Rivin Venam Trading (Pvt) Limited, and not in his personal capacity, and the agreement was effectively about the sale of stand number 2038 Glen Lorne Township of Lot 40 A Glen Lorne, measuring 3 280 square metres and held under Deed of Transfer Number 2769/2003.
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Mr Buyanga, who is the first applicant, said it was a “condition precedent” of the agreement of sale that payment of the purchase price had to be made to the second applicant (Rivin Venam Trading [Pvt] for the agreement to be binding between the parties.
“This meant that the failure to make payment would result in the agreement being null and void and of no force and effect. The third and fourth respondent (Jakachira couple) never made the mandatory payment of the purchase price, neither to the second applicant (Rivin Venam Trading [Pvt] Limited), nor to its directors.
“They effectively did not make any payment to myself as the representative of the second applicant at the time that the agreement was signed. If they paid, the third and fourth respondent are put to strict proof that payment was made, and they ought to produce the original proof of payment and/or any witnesses who physically saw me receiving the money in question,” he said.
Mr Buyanga said based on the agreement in question, the Jakachira couple caused the appointment of Rtd Justice Chinhengo as the arbitrator.
He said Rtd Justice Chinhengo was supposed to have been chosen by both parties to the agreement.
He said the appointment resulted in the pre-arbitration hearing being conducted in his absence, and he did not have the chance to present his case as an individual, or through any lawful representative.
Mr Buyanga reiterated that he never received the alleged $120 000 payment, and that if he did, then the Jakachira couple ought to produce “one and only genuine proof of payment if ever they have it”..