The Herald (Harare)

19 July 2010

Zimbabwe: Man Set to Lose House in Scam

Harare — A Harare man stands to lose his Malbereign house after an Epworth couple disappeared after duping him into providing title deeds for his house to secure a US$30 000 bank loan.

The couple, Solomon Mushava and Feresi Chikaponya, who are directors of Tweenshape Investments, however did not repay the loan and never bothered to notify Mr Lucas Munyaka that they had defaulted.

The High Court then ordered the bank to attach Mr Munyaka's house to recoup the money.

Mr Munyaka had allegedly been promised US$3 000 for providing the security documents if the loan was granted by Metropolitan Bank.

Mr Munyaka was promised to be incorporated as director in Tweenshape Investments to which he would get a monthly salary of $4 500.

The bank has since attached the Malbereign house after Mushava and Chikaponya of Overspill, Epworth failed to pay back the $30 000 loan.

In his founding affidavit filed at the High Court, Mr Munyaka represented by lawyer Ms Rumbidzai Gasa Nyamadzawo of Gasa Nyamadzawo and Associates, said he had only known Mushava and Chikaponya for an hour before signing the surety agreement.

"They (Mushava and Chikaponya) were introduced to me by one Norman Mafaune who advised me that third and fourth respondents (Mushava and Chikaponya) were excellent businesspeople who had been offered a bank loan but needed to file title deeds as surety.

"I was invited to meet the Metro bank team at the bank," he stated.

Mr Munyaka said he later met the bank team that comprised one Angela Mudangwe, and another member only identified as Mr Kutaura.

He said Mr Kutaura advised him on behalf of Metro bank that the couple and their company were trusted and known clients to Metropolitan bank.

"He (Mr Kutaura) said these clients had a record of depositing nothing less of US$150 000 per month. He assured me they were able to refund the US$30 000 within 30 days," he said.

He said Mr Kutaura also persuaded him that he only needed to hand over the title deeds for 30 days and collect them thereafter.

"I later realised I had been duped because I was not made director of Tweenshape Investments neither did I receive US$4 500 as promised.

"Mushava promised me a B1800 truck to hold as security until I receive my fees in full but before I could receive the vehicle it was taken away by (someone identified as) Mafaune.

"This whole deal was a legal scam based on misrepresentation and fraud," he said.

In his supporting affidavit Mushava admitted he had not paid back the loan or given Munyaka his fees.

"Unfortunately soon after the loan was released I had a lot of misfortunes and I was fired from my work place, business was low and I could not pay back the loan neither give applicant what I had promised," he said.

Metropolitan Bank represented by lawyers Sawyer and Mkushi denied ever misleading Mushava but indicated that according to the surety agreement, they were free to attach any of his properties.

They indicated they could have attached the Hatfield house after realising its market value would be unable to settle the debt that has risen to $40 000 after accruing interests.

Justice Lavender Makoni dismissed Munyaka's case seeking the matter to be treated as urgent saying Munyaka had not shown the basis on which the matter should be treated as such.

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