University of Zimbabwe lecturer Dr Vongai Blessing Chakanyuka is being accused of fraud after she and her late husband sold a house to the late Kurai Bus operator McCloud Zvavovaviri Mapanga before she withheld the title deeds and used them as a security for a debt.
Chakanyuka (44) appeared before magistrate Stanford Mambanje who remanded her to October 16 for trial.
The complainant is Mapanga Estate represented by Benny Magaisa who was appointed by letter of administration.
Chakanyuka is the surviving spouse of the now late Pardon Chakanyuka.
According to the court papers, the accused and the late Pardon Chakanyuka jointly owned stand number 48 Borrowdale Township of Subdivision E of Lot H Borrowdale Estate measuring 3624 square metres held under Deed of Transfer 4719/2010.
Pardon Chakanyuka was the principal partner of Chakanyuka and Associates Law Firm.
It is alleged that on September 26, 2017 accused and her late husband sold the stand through an Agreement of Sale to the late MCleod Zvavovaviri Mapanga for US$135 000-00.
The transfer of the property was supposed to be carried out by Chakanyuka and Associates, a Law Firm that was exclusively under the control of the accused’s husband.
However, transfer was not effected until Mapanga died on 14 May 2018.
It is alleged that upon Mapanga’s death his Estate was duly registered with the Master of High Court and accused’s husband was appointed Executor Dative on the 25th of July 2018.
Pardon Chakanyuka commenced the winding up of the Estate and included the property in question as Estate property through the inventory filed and the interim distribution and liquidation account dated 17 December 2020 since they had relinquished control of the same.
The accused and her husband did not transfer the property as at that stage as well.
It is alleged that on February 7, 2020. accused well knowing that they had sold the property in question to Mapanga fraudulently pledged it as security for a debt that was due and payable to Bell Petroleum (Pv) Ltd who was owed 331 102 litres of diesel by Chakanvuka and Associates when Pardon Chakanyuka had signed an acknowledgment of debt.
This was despite the fact that the property had been sold and possession had been given to Mapanga and latter the beneficiaries of his Estate.
Pardon Chakanyuka then died and his estate was duly registered by the accused person.
The accused then included the property in her late husband’s estate property well knowing that they sold the property and did not render transfer.
As a result of accused’s action, the complainant suffered an actual prejudice of US$135 000 and nothing has been recovered.
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