Zimpapers Logo

Brighton Ndove

Mashudu Netsianda, Senior Court Reporter
A prominent Bulawayo lawyer, Mr Brighton Ndove and two bogus estate agents have been taken to court by a woman they allegedly duped of a residential stand in Matsheumhlope suburb.

Mr Ndove, a senior partner at Ndove, Museta and Partners law firm, allegedly connived with Ms Simangaliso Murungi and Mr Edmond Makonese to forge title deeds and an agreement of sale which they used to sell and dubiously transfer the residential stand without the owner’s knowledge. The stand was sold for $16 000.

Ms Sikhanyisiwe Phiri, the owner of the stand has through her lawyers, Mutamangira and Associates, filed an application at the Bulawayo High Court citing Mr Ndove, Ms Murungi, Mr Makonese, the registrar of deeds, National Merchant Bank (NMB) and the two purported buyers of the property, Mr Legion Majahana and Ms Memo Shirto Mangaliso as respondents.

Ms Phiri is seeking an order nullifying the deed of transfer made in favour of Mr Majahana and Ms Mangaliso. She also wants an order recognising her as the sole registered owner of the residential stand. Ms Phiri wants an order directing Mr Ndove and Ms Murungi to pay the legal costs
Mr Majahana and Ms Mangaliso obtained a mortgage bond from NMB using the forged title deeds.

In her founding affidavit, Ms Phiri said she bought the stand from Mr Mtshumayeli Ndlovu in 1998 and it was immediately transferred into her name under deed of transfer number 4498/98.

“I bought stand number 189 Matsheumhlophe from Mtshumayeli Ndlovu and on October 12, 1998 it was transferred into my name under deed of transfer 4498/98. Since then I have been paying my rates to the Bulawayo City Council,” she said.

Ms Phiri said she became suspicious in April 2015 when she stopped receiving bill statements.

“I then sent my brother-in-law to go and check with the Bulawayo City Council and he discovered that Legion Majahana and Memo Shirto Mangaliso were the new owners of my residential stand. He also checked with the deeds office in Bulawayo and he was advised that the deed of transfer in my name had been replaced,” she said.

In papers before the court, the sale of the property had been facilitated by Ms Murungi and Mr Makonese who masqueraded as estate agents in connivance with Mr Ndove who purported to be Ms Phiri’s attorney and conveyancer in the matter.

Ms Phiri said the documents that were used in selling and transferring the stand were forged.

“I do not even know what the agreement of sale was like because I never signed anything. I have the original title deed to the property and consequently all the purported documents which were signed were fraudulent, null and void and of no effect whatsoever,” she said.

Ms Phiri said she reported the alleged fraud to the police and the case is still pending before the court.

According to court papers, Ms Murungi and Mr Makonese went to Mr Ndove’s offices where the lawyer introduced Mr Majahana to a certain woman whom they purported to be Ms Phiri, a registered owner of a residential stand which was on sale.

Mr Ndove allegedly told Mr Majahana that Ms Phiri was his long-time client. The purported Ms Phiri was in possession of fake national identity card under registration number: 66-295251-L-66.

An unsuspecting Mr Majahana was hoodwinked into believing that it was a genuine deal and out of trust, he paid Mr Ndove $16 000 for the stand.

The lawyer allegedly processed the change of ownership using forged documents. Ms Phiri was prejudiced of $30 000 being the actual value of the stand.

@mashnets