Businessman Jailed Over Secret $50K Land Sale

Harare regional magistrate Francis Mapfumo has sentenced a local businessman to four years in prison for defrauding his brother-in-law of $29 million, following a botched business partnership that led to a long-running property dispute. Follow us on WhatsApp

Tendai Jemwa defrauded his brother-in-law, Thomas Masango by secretly selling a jointly owned piece of land in Spitzkop for US$50 000 without Masango’s consent.

Jemwa was initially sentenced to six years in jail however, two years were suspended on the condition that he did not commit a similar offense within the next five years.

In his judgment, Magistrate Mapfumo noted that ordering restitution was complicated by a massive discrepancy in the property’s valuation as Jemwa claimed it was worth US$50 000 while Masango valued it at US$900 000.

“The value of the property is not known to the court. The seriousness of this offense demands that the offender be sentenced to a prison term; in that regard, you are sentenced to six years’ imprisonment,” Mapfumo said.

The State, represented by Ephraim Zinyandu proved that in 2007, Masango entered into various verbal business ventures with Jemwa as partners.
During the partnership, they acquired several properties, including 58 Spitzkop, Snake Park, Harare.

Both parties bought the property from Charles Zinto for a purchase price of $29 000.

Zinto informed the parties that he had purchased the land from Jeremiah Chamba as indicated on title deed number 10146/89, pending transfer to himself.

At the time of the sale, the property had not yet been transferred into Zinto’s name and was still held under Chamba’s deed.

During the transaction, Zinto provided both parties with his own agreement of sale along with the one he had entered into with Chamba.

The parties intended to register the property under Ten Jem Consultants (Pvt) Ltd, a company owned by Jemwa.

To that end, Masango agreed that once the property was transferred to the company, he would be made a 50 percent shareholder and director ratifying their earlier agreement.

The court heard that in 2012, Jemwa defrauded Masango of his ownership in the property by secretly collecting the file containing all transfer documents and agreements from their lawyer without Masango’s knowledge or consent