Harare Magistrates Artwell Sanyatwe has dismissed an application for discharge at the close of the state case filed by Westridge Primary School head Thakorbhai Kanjee and his wife Jaya Kanjee who are accused of fraud.

Thakorbhai (73) and Jaya ( 71) are accused of fraudulently increasing their shareholding in a family-owned company, thereby prejudicing another family member.

The duo, represented by Paidamoyo Saurombe, applied for discharge at the close of the state case arguing the state failed to prove a case against them.

However, magistrate Sanyatwe dismissed their application, stating they must present their defence to answer questions requiring their response.

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The two are allegedly accused of unlawfully allotted themselves additional shares in T and J Investments (Pvt) Ltd without the consent of a fellow director.

The complainant, Neeshta Urmila Patel, testified that she was a director in the company, which owned and leased commercial properties.

She told the court that the accused were her uncle and aunt, respectively, and were co-directors with her late father, Arvindbhai Bhikubhai Patel.

According to Patel, the company was established on March 27, 1990, with her father holding 20 shares, while Kajee and Kanjee each held 10 shares.

Following her father's death on March 7, 2015, Patel said she was appointed executor of his estate on July 24, 2015, inheriting his shareholding in the company.

She further testified that on August 16, 2024, the accused presented her with a special resolution proposing that shares be equally distributed among all shareholders.

"I did not sign the document," Patel told the court.

However, on September 10, 2024, she said she received a Return of Allotments (CR 11) indicating that the accused had each allocated themselves an additional 10 shares.

Patel said she subsequently tried, without success, to access the company file from the Registrar of Companies.

She later filed a police report on March 11, 2025, leading to the arrest of the accused on July 14, 2025.