Gray Homes bosses up for seven counts of fraud

Munyaradzi Mashiri

Zim Now Court Correspondent

Gray Homes Construction company directors have been arraigned before the courts accused seven counts of fraud.

Annavestah Mudiwa, 39, and Gray Mudiwa, 44, of Westgate, appeared before magistrate Marehwanazvo Gofa at the Harare Magistrates' Courts charged with seven counts of fraud.

Gray Homes Private Limited and the two directors are represented by Professor Lovemore Madhuku, who submitted that he will file written submissions in challenging placement on remand.

Ruling is expected to be given on Thursday.

In one case, the complainant is Anyway Choto, a businessman operating Hardware Shops in Marondera.

The State alleges that sometime in August 2023, the two duped Choto into believing that they could construct for him a warehouse and storage facilities at stand number 2148 Marondera Central Business District for a total cost of US$135 000.

They allegedly misrepresented that they had the capacity to complete the project in 90 days and in turn received a payment of US$122 163.

After receiving the money, the two only dug the foundation of the warehouse, diverted the funds to their own use, did not complete the project leading Choto to suffer a prejudice of US$105 963 and nothing was recovered.

In another case, Annavestah allegedly defrauded Gray Hardware where they took goods worth US$79 000.

The court was informed that after receiving the hardware goods, the pair only paid US$39 860, and became evasive and did not pay the balance causing a prejudice of US$39 149 to Gray Hardware.

In a separate count, the complainant is Creative ltel Private Limited being represented by Shalome Chigovanyika.

It is alleged that in September 2023, the accused connived and duped this company by ordering cellphones which they say were meant for government officials yet in actual fact there was no such arrangement with the government.

Acting upon the misrepresentation of the accused, Creative Itel dispatched the order to the accused who promised to pay within a week.

After receiving the cellphones, the pair failed to pay for the cellphones leading the company to suffer prejudice of US$21 160 and nothing was recovered.

On another charge, the complainant is Never Tembo, director of Virtue Trade Petroleum.

It is alleged that Tembo wanted the company to construct a double story house at his residential stand and they charged him US$390 000 which they said was needed for the completion of the house .

The accused persons told Tembo that the money included their labour and material and also promised him that the construction would take them six months from the date of the agreement.

The two parties entered into an agreement which was documented and signed by the parties and completed by March 23, 2024.

The duo, however, did not complete building the house as had been agreed but only built the house up to its ring beam and dumped the incomplete building.

Tembo only heard of the whereabouts of the accused persons through social media after they had been arrested.

A valuation was carried out at the incomplete building and it was discovered that the accused had only used US$117 000 on the construction work and converted the remainder to their own use.

As a result of their actions, Tembo suffered a financial prejudice of US$273 000 and nothing was recovered.