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Company in court for failing to avail stand to buyer 5 years later

Housing and property development firm, Enhancing Mortgaging and Housing Company (EMH) has been dragged to court for defrauding a home seeker for five years by not availing the purchased stand.

According to the court papers seen by Nehanda Radio, sometime in November, Courage Mateta entered into an agreement with EMH. The company sold a stand to Courage and asked him to pay the prescribed minimum requirements of money so that they would show him his stand.

The complainant said he paid the minimum amount in November 2018 which implied that the company was supposed to show him his stand in accordance with the agreement. Mateta’s lawyers said the company said it would show him his stand in April 2019.

But “when April arrived the company said it would show him in August, when august came the company said it would show him in the following month but nothing has materialized up until Courage has decided to claim his money back”.

The case was reported to Milton Park Police Station under RRB 4963248. Mateta paid close to US$3000 during the successive years to EMH but the company allegedly did not avail the stand to him.

Mateta said the whole 2020-2021 he was claiming his money whilst the company was calming him down by promising to give him a stand but nothing happened up to 15 December 2021 when he approached Takaindisa Law Chambers for redress.

Takaindisa Law Chambers wrote a letter to the company so that it could show Courage his stand the company agreed but it went on to show him a forest without even pegs and developed in terms of the agreement they have entered.

After that Mateta suggested a refund and the company agreed to refund him but failed to refund him up to this date. Each time the company was making false promises, he then concluded that these are fraudsters because they are failing to comply with their promises.

Mateta’s lawyer Learnmore Kufinya of Takaindisa Law Chambers said “It (EMH) took our Client’s money in November 2018 but has failed to show him his stand and this is 5 years now failing to show our client his stand they are just making promises that they will do so…

“The company is likely to be charged with fraud.. it misrepresented our client who suffered patrimonial loss.”

When further asked by Nehanda Radio, Kufinya said ” It seemed to me that the Directors of this Company have been taking advantage of the principle of Separate legal personality to act fraudulently against Mr Mateta.

“The Law should go after the individuals who acted so dishonestly because where the Corporate veil is being used blatantly as a cloak for fraud or any other quasi- Criminal activities the court will disregard it.

“The separate existence of a company remains a figment of Law liable to be curtailed when the objects of its creation are abused or thwarted. In that regard, to uphold such a principle may yield a result too flagrantly opposed to justice and fairness. ”

Kufinya added that “No court in this land will allow a person or a company to keep an advantage which was obtained by fraud. Fraud unravels everything. It vitiates a contract and all transactions whatsoever.

The matter is yet to be heard. Nehanda Radio

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