THE trial of Mabundu Law Chambers conveyancing clerk, Michael Limosa on charges of defrauding a Harare woman of $22 000 in a house sale agreement opened yesterday.
by PAIDAMOYO MUZULU
Limosa is alleged to have called Violet Banda in July last year, claiming he was the legal representative of Desmond Herod Mutungwazi, who was selling his property in Glen Norah A.
But soon after the purported sale, it was discovered the process was fraudulent.
It is the State case that Mutungwazi is late and his particulars were used to commit the offence.
Limosa, who is being represented by Farayi Nyamayaro, is denying the charges, saying he was only a conveyancing clerk, who assisted in the drafting of the agreement of sale and had advised the two parties to have the money deposited into a trust account until a transfer had been effected, but they refused.
He also said that the parties agreed to a clause stipulating that “payment was to be done on the signing of the agreement” against his advice.
Banda, in her evidence-in-chief, told magistrate Elijah Makomo that Limosa had presented himself as a lawyer during the transaction.
“When we went to Mabundu Law Chambers to sign a purchase agreement, Limosa presented himself as a lawyer representing Sam, the son of Mutungwazi,” she said.
“Limosa asked us to give him our national identity cards and proof of address so he could draw up the agreement of sale and we complied.”
Banda told the court that after the drafting of the agreement of sale, they were told to wait for Mutungwazi to complete the document.
She had earlier told the court that she learnt of the sale of the property through a newspaper advert and responded by phone.
Banda allegedly spoke to Sam, who then advised that the sale could be done through his lawyer Limosa at Mabundu Law Chambers.
The title deeds of the property were produced as exhibit by the State.
The trial continues tomorrow. Sharon Mashavira is prosecuting the case.