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Two in court for misrepresentation, fraud

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Two Harare family members who allegedly sold a deceased’s estate for $250 000 before registering it with Master of High Court were yesterday brought before a Harare Magistrates’ Court facing fraud charges.

Two Harare family members who allegedly sold a deceased’s estate for $250 000 before registering it with Master of High Court were yesterday brought before a Harare Magistrates’ Court facing fraud charges.

BY DESMOND CHINGARANDE

Nighert Savania (62), who is the widow of Mahendra Savania, and her son Deen Mahendra Jivan Savania (33), are denying the allegations.

The complainant Nathan Mnaba told the court he bought Norwich Trading for $250 000 which was owned by the deceased.

Mnaba further told the court that after he paid the money, he then injected more than $210 000 before discovering that the company was registered under a deceased estate.

The trial is expected to continue today.

Allegations are that after the death of Mahendra Savania on March 9, 2010 Nighert took charge of Norwich Trading’s day-to-day operations. Sometime in 2011, Nighert and Deen, acting in connivance, allegedly offered to sell Norwich Trading to Mnaba.

The State alleges they misrepresented to Mnaba that Nighert owned 100% shares in Norwich Trading and that she was the sole beneficiary.

It is alleged they did not disclose to Mnaba that the company was part of deceased estate which was yet to be registered with the Master of the High Court for execution.

Nighert also did not disclose that there were other shareholders with 29% shares

The State alleges as a result of the misrepresentation, Mnaba agreed to purchase Norwich Trading for $380 000 and agreed a payment plan. It is alleged a memorandum of agreement was signed between Mnaba and the two

Between August 2011 and January 30, 2012, Mnaba allegedly paid a total of $250 000 to the suspects leaving a balance of $130 000. Mnaba also made a capital injection of $210 000 into the business.

After paying, Mnaba allegedly proceeded to the registrar of companies office to regularise the purchase and that is when he discovered that the two suspects were not shareholders in Norwich Trading and that the company was part of the deceased estate of Mahendra Savania which was still to be registered with the master of the High Court.

As a result, Mnaba filed a police report in October last year. It is alleged after realising that a report had been made Nighert and Deen allegedly proceeded to the Master of the High Court and registered the estate on December 2 last year.

As a result, Mnaba was prejudiced to a total of $460 000.

Venencia Matake appeared for the State.