AROSUME Property Development directors Benson and Angela Nhekairo are being sued over fraudulent misrepresentation in an agreement of sale for a Borrowdale, Harare, stand.
Chenai Curren Mangwanda and Kamurai Mangwanda have approached the High Court with summons demanding that they be paid back US$27 000 part payment towards the purchase of a 1 800 square metre subdivided stand in Carrick Creagh, Borrowdale.
Nhekairos and their company later allegedly failed to provide documents of the subdivided stand to the Mangwandas.
“Plaintiff’s claim jointly and severally the one paying the others to be absolved is for an order for cancellation of an agreement… entered into by and between the plaintiff’s and the defendants,” read the court papers.
“Restitution and payment of US$27 000 or its equivalent in Zimbabwean dollars at the prevailing interbank or Reserve Bank of Zimbabwe auction floor rate on the day of payment paid by plaintiffs to the defendants and arising out of an agreement of sale of a subdivision fraudulently misrepresented by the defendants to be regular, but which they later found to be in contravention of Section 39 and 40 of the Regional Town and Country Planning Act supra.’’
The court papers add that in January this year, the plaintiffs approached the defendants who told them they were the rightful owners of the subdivision and paid a US$2 000 deposit to kick-start the agreement process.
All hell later broke loose when the plaintiffs demanded to see the papers confirming the legality of the stand after paying a further deposit.
“Sometime in February and April, the plaintiffs paid from their free funds a total sum of US$27 000 towards settling their obligation in terms of the said agreement of sale,” submitted the plaintiffs.
“As plaintiffs made more demands to ensure defendants were compliant, third defendant on her own behalf and claiming to be acting on behalf of the other defendants, started making extortionate claims of demanding 40 percent penalty from the amounts already paid to them if plaintiffs wanted to cancel the said agreement or that plaintiffs had an option to sign a new agreement of sale.
“To this date, the defendants have failed to avail any compliance documents required…to show that the said subdivision is legally compliant.”