A prominent Bulawayo businessman who masqueraded as a lawyer and sold his house worth $60 000 to two people who paid for the property in full, has been sentenced to four years in jail.
Nesbert Chikaka (59), director of Nisma Engineering in Thorngrove industrial area and resides in Hillside suburb, was convicted of fraud by Bulawayo magistrate Ms Charity Maphosa.
The magistrate suspended one year for five years on condition that Chikaka does not within that period commit a similar crime.
Chikaka will serve an effective one year after Ms Maphosa further suspended two years on condition that he restitutes $60 000 to the complainant on or before March 6 next year.
The other complainant did not pursue the case in court.
In his defence, Chikaka denied any misrepresentation, arguing that he asked for a loan from the complainant, Ms Vimbai Manemo who then later tried to sell his house without informing him.
Chikaka said he was arrested on the strength of a flawed agreement of sale he made with Ms Manemo
I sold the house to Lindiwe Ndebele on December 2, 2014, for $60 000 because I wanted to raise funds for a certain business that I wanted to venture into. Ndebele paid a deposit of $30 000, which was not enough and I then approached Vimbai Manemo who requested title deeds for my house as security in order for her to advance me a loan of $20 000 and I gave her,” he said.
Chikaka said that when Ms Ndebele paid the balance, he contacted Ms Manemo intending to pay back her money, but she refused and reported the matter to police, claiming she had been duped.
Prosecuting, Mr Alfred Makonese said sometime in May 2015, Chikaka approached Ms Manemo and told her that she was selling a house located at Southwold suburb.
The complainant got interested and offered to buy the house which Chikaka was selling for $60 000.
Ms Manemo made an initial payment of $40 000 and she was given the title deeds. The two agreed that an agreement of sale would be drafted once the complainant paid the outstanding balance of $20 000. “During the same month, the complainant approached the accused person after she had raised the remaining $20 000,” said Mr Makonese.
The court heard that Chikaka and Ms Manemo proceeded to the complainant’s lawyers where an agreement of sale was drafted and the complainant paid the balance.
During the process of transferring the property to Ms Manemo it was discovered that the house had already been sold to Ms Ndebele for the same amount on December 2 last year, and an agreement of sale was drawn to that effect.
“Before Ndebele could effect a change of ownership, Chikaka then again sold the house to Ms Manemo for $60 000 and it was also paid in full resulting in an agreement of sale being done,” said Mr Makonese.
Chikaka was found in possession of the two agreements of sale as well as the proof of payment from both complainants. A report was made to police leading to his arrest.