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Estate agent’s case takes new twist

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THE trial of Gabriel Real Estate owner Vivien Nigel Gabriel on $26 000 fraud charges took a new twist last Friday when the complainant conceded under cross-examination that she still owed the agent some money at the time her property was attached.

THE trial of Gabriel Real Estate owner Vivien Nigel Gabriel on $26 000 fraud charges took a new twist last Friday when the complainant conceded under cross-examination that she still owed the agent some money at the time her property was attached.

BY PAIDAMOYO MUZULU

Gabriel and his employees, Rosemary Munyukwi and Kudzai Eric Kadzere, are being charged for auctioning Memory Mutasa’s property over rental arrears despite being aware that she had paid up her account.

Gabriel’s lawyer Musindo Hungwe told the court that while it was true that Mutasa was $2 150 in arrears, she did not tell the court that she was also in arrears in her utility bills.

“As of July 9, 2013, you owed $1 030 in electricity charges and by October 31, 2013 that amount was still owing,” Hungwe said.

Mutasa was forced to concede that when the High Court order was granted against her on October 31, 2013, she owed Gabriel Estate $2 150.

She also owed plus $2 000 holding fees and 5% interest per annum on all the due amount as from September 1, 2013.

Mutasa was also forced to concede under cross-examination that when the Sheriff was asked to attach the property in terms of the October High Court order, she had not paid anything on the amount written on the order.

The court heard that Gabriel Real Estate wrote to the Sheriff for the attachment of the property on November 1, 2013 barely 24 hours after having the High Court order granted in its favour.

Mutasa was also forced to concede in court that by the time the property was auctioned on December 19, 2015, she still owed Gabriel Real Estate $1 400 of the principal amount as stated in the High Court order.

The complainant’s property, which was auctioned to liquidate the debt, included a Toyota Picnic vehicle, a 42-inch LED television set, three-piece antique sofas, a 5KvA generator and a water tank.

The trial continues on June 16 before magistrate Tafadzwa Muvhami. Michael Reza is prosecuting the case.