Man implicated in three fraud charges granted bail

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Michael Mashiri

A Bluffhill man, Shepherd Katuruza, 64, faces a potential fraud case involving US$500 000 and three counts on top of the amount.

The State, through Zororai Nkomo, alleges that in 2015, Elizabeth Wadzanai Magara was looking for a residential stand to purchase and was introduced to Katuruza who is as an estate agent.

Katuruza, who is the director of Planning and Design Studio Consultants (Private) Limited alleged that he was selling a certain piece of land in the District of Salisbury called 280, being the remainder of Gurlyn Barton and measuring 2 240 square metres.

Magara, who is a nurse at Milton Keynes Hospital, England, is the complainant in this matter.

Katuruza was selling the stand for US$43 000.

Magara became interested and Katuruza went with her to have sight of the stand.

She engaged her legal practitioners who also went with her to view the residential stand, after which she told her lawyers to process the transaction.

An agreement of sale was drafted and signed by Katuruza and Magara.

In the agreement, Magara was to pay a deposit of US$14 400 before the signing of the agreement of sale and US$5 600 which was to be paid by October, 31,2015.

The remaining US$23 000 was to be paid in instalments of US$2 875 per month for a period of eight months commencing November, 1, 2015.

On September, 16, 2015, Magara paid a deposit of US$13 554.48 to Katuruza and a memorandum of agreement of sale was drafted between the two and they all signed.

From September, 28, 2015 to September, 30, 2016, Magara paid a total of US$21 592 to Katuruza through her lawyers and he acknowledged receipt of the money.

After the full purchase, Magara tried to engage Katuruza for them to deal with transfer of property, but he started be evasive.

Magara's lawyers, tried to engage Katuruza several times to make him transfer the property into Magara's name but he continued giving excuses.

On June, 7, 2021, Magara's lawyers conducted a deed search with the Registrar of Deeds and discovered that the property was registered in the name of Melphy Chinatsire Sakupwanya but later transferred on February, 5, 2018 to Innovatable Investments Private Limited.

Magara, further discovered that there was no relationship between Katuruza and the current registered owner of the property.

She felt that Katuruza had lied to her that he was the owner of the aforementioned residential stand knowing that he does not own it leading to a US$43 000 loss on the part of Magara and nothing was recovered.

On another count, Vitalis Panganai Makarichi, 64, a Pastor of Apostolic Faith Mission of Zimbabwe, Kingdom Life Centre is the complainant.

Nkomo, alleges that in November 2021, Makarichi approached Cleopes Manyika telling him that he was looking for a church stand to buy. Cleopas Manyika then told Makarichi that Katuruza had a stand in Mabelreign that he was selling and was given Katuruza's contact.

Makarichi's board of elders then contacted Katuruza and held several meetings with him and confirmed that, indeed, he was selling 10 000 square metres of land comprising of stand number 3681 Mabelreign Township measuring 3 047 square metres held under deed of grant and stand number 3680 Mabelreign Township measuring 6954 square metres being deducted from 11,2822 hectares.

Makarichi became interested and they agreed to purchase a total of 10 000 square metres comprising of stand number 3681 Mabelreign township measuring 3047 square metres and stand number 3680 Mabelreign Township measuring 6954 square metres being deducted from 11,2822 hectares.

On November, 21, 2021, Makarichi then paid a deposit of US$50 000 cash and a Toyota Hilux double Cab valued at US$50 000 to make a total of US$100 000.

An agreement of sale was entered between the two parties.

The agreement of sale stated that Katuruza was supposed to apply for capital gains tax assessment, stamp duty, registration fees and rates clearance certificate within 10 days.

Katuruza failed to apply for capital gains tax until October, 20, 2022.

On October, 20, 2022, Makarichi and Katuruza then revised the agreement of sale and they agreed to separate the two stands for production of title deeds.

On this agreement the two agreed that Katuruza would apply for capital gains tax assessment, stamp duty, registration fees and rates clearance certificate within 10 days resulting in the production of the title deed in the name of Kingdom Life Centre Trust but Katuruza failed to honour the promise.

Makarichi occupied the property and attempted to erect a fence which was temporarily stopped to allow regularization with Environmental Management Agency.

Upon occupation, an Energy Park representative then came claiming to have bought the same property from Katuruza and erected a fence covering the 3 047 square metres.

Makarichi then tried to engage Katuruza, but he failed to address his concerns which raised suspicions of double sale of the property.

This saw Makarichi suffering a prejudice of US$125 000 for the property, US$4 000 surveyor's fees and US$50 000 was recovered in the form of a motor vehicle.

In another count, Christin Peta, 52, a consultant of the United Nations Children Emergence Fund in 2008 bought a residential stand in Borrowdale from Costain Africa Construction Company and built a house there and processed the tittle deeds for the same house.

In 2014, Peta got employment in South Africa and before he went, he decided to lease the house to Katuruza through Essprince Reality Zimbabwe Real Estate Company.

He agreed to pay a monthly rental of US$2 000.

In February 2019, Peta returned to work in Zimbabwe and gave notice for Katuruza to vacate her premises since she now wanted to occupy her house.

Katuruza then made an application for a binding over order to the High Court of Zimbabwe claiming that Peta had sold his house to Katuruza when in actual fact he had been paying US$2 000 as monthly rentals.

This then led the High Court to deliver its ruling against Katuruza.

As a result of Katuruza's actions Peta nearly lost US$500 000.

Mangosi gave Katuruza a bail of ZWL$100 000. He was ordered to report once every Friday at the nearest police station and to surrender passport and title deeds to the clerk of court.