News / Local
Prominent city lawyer implicated in housing wrangle
27 Dec 2013 at 01:41hrs | Views
A Pumula man, 65, is accusing a prominent city lawyer of causing him to lose his house in a suspected fraudulent auction.
Enock Mpofu is accusing Brighton Ndove of Marondedze, Mukuru, Ndove and Partners and a businessman of inflating council and Zesa bills to defraud him of his house.
Paul Dube of Corporate Chambers-multi crisis mediators who is representing Mpofu alleges that the two connived to cause the auctioning of Mpofu's Pumula house at $12,700 which is way below the market price of $23 000 after somehow incorporating their utility bills with theirs.
"The two added (the businessman's) bills to Mpofu's. These amounted to $4,292. These are the bills that have been the basis for auctioning his house," Dube said.
"After summing up this amount, Mpofu's house was auctioned at a price of $12,700 using a writ of execution on movable property. How this was done we are still in awe because a house is classified under immovable property."
Ndove said the auction was done above board. The businessman cannot be named because Chronicle could not reach him for comment yesterday.
Chronicle is in possession of documents from Mpofu and his lawyer alleging his house was fraudulently auctioned. Mpofu said the whole nightmare began in June 2011 when he rented a bottle store from the businessman.
"I rented (his) bottle store in June 2011 and we agreed on a year long lease. However, I was unceremoniously evicted in January 2012. When I took over the store it had city council bills amounting to over $1,000 and Zesa bills over $2,000," Mpofu said.
The documents from Zesa and city council in possession of Chronicle show that Mpofu incurred bills amounting to about $660 during the time he leased the store.
He added that after the case was reported to Bulawayo Central Police Station under docket number IR 9422/13, they were told on Monday last week that the docket could not be found.
"The processing office told us that out of the four dockets, Mpofu's could not be found," he said.
When contacted for comment Ndove said the allegations were defamatory and blatant lies.
"Mpofu is lying. These people do not understand the legal process. I act on the instructions of my client and for him to say I connived is damaging and defamatory.
"He received summons after he defaulted and the law had to take its course. This is an issue of rights. It is city council property.
"Now what they are simply saying is that the Deputy Sheriff fraudulently auctioned the house which is impossible," he said.
Ndove also said he was in possession of documents that showed that the amounts were not fraudulent.
He said, "I have documents from the same Zesa and council which do not corroborate with what you say you have. Everything was done above board."
Ndove said he was unaware that a case against him had been reported to the police.
Efforts to talk to the businessman were fruitless as his lawyer said he did not have his contact details.
When contacted for comment, the Deputy Sheriff, a Ndebele said it was impossible that his office could have auctioned a house using a writ of movable property.
"That house cannot be classified under movable property. It is as simple as the word. What could have happened is that there was no property worth attaching and the house was auctioned.
"However that is a process all together that is documented," Ndebele said.
However, Mpofu says he has no documents that advise him that the courts had not found any movable property prompting a change of the writ. He said he had a lot of property at his house including two cars.
When Chronicle contacted the High Court, an attendant said the file had a document showing that a writ of execution on immovable property had been used. It cited a man only identified as Dlamini, said to be an uncle to Mpofu as the recipient of the summons. Mpofu said he did not know Dlamini.
"Who is Dlamini?" Mpofu retorted. "I do not have an uncle called Dlamini nor have I stayed with anyone called Dlamini. This is nonsense."
Dube who is representing Mpofu said he found three files at the High Court for the same case.
He said:
"One of the files states that the courts found nothing worth attaching in the house. This is impossible as Mpofu has two cars and also a house full of property. This is fishy and should be clarified. We want the law to take its course and that the old man gets settled in his home.
"Apart from the fact that the initial summons were issued through a letterbox to a man who stays in the communal areas, the monies indicated are a gross misrepresentation of the facts that have cost Mpofu his house.
"In the first place why was a case involving less than $10,000 dealt with in the High Court and not the magistrate's court?"
"We are saying the auctioning of the house was not justified as no such bills were ever incurred. We have applied that eviction proceedings be halted as there are many irregularities and we are happy that this has been granted," Dube said.
Enock Mpofu is accusing Brighton Ndove of Marondedze, Mukuru, Ndove and Partners and a businessman of inflating council and Zesa bills to defraud him of his house.
Paul Dube of Corporate Chambers-multi crisis mediators who is representing Mpofu alleges that the two connived to cause the auctioning of Mpofu's Pumula house at $12,700 which is way below the market price of $23 000 after somehow incorporating their utility bills with theirs.
"The two added (the businessman's) bills to Mpofu's. These amounted to $4,292. These are the bills that have been the basis for auctioning his house," Dube said.
"After summing up this amount, Mpofu's house was auctioned at a price of $12,700 using a writ of execution on movable property. How this was done we are still in awe because a house is classified under immovable property."
Ndove said the auction was done above board. The businessman cannot be named because Chronicle could not reach him for comment yesterday.
Chronicle is in possession of documents from Mpofu and his lawyer alleging his house was fraudulently auctioned. Mpofu said the whole nightmare began in June 2011 when he rented a bottle store from the businessman.
"I rented (his) bottle store in June 2011 and we agreed on a year long lease. However, I was unceremoniously evicted in January 2012. When I took over the store it had city council bills amounting to over $1,000 and Zesa bills over $2,000," Mpofu said.
The documents from Zesa and city council in possession of Chronicle show that Mpofu incurred bills amounting to about $660 during the time he leased the store.
He added that after the case was reported to Bulawayo Central Police Station under docket number IR 9422/13, they were told on Monday last week that the docket could not be found.
"The processing office told us that out of the four dockets, Mpofu's could not be found," he said.
When contacted for comment Ndove said the allegations were defamatory and blatant lies.
"Mpofu is lying. These people do not understand the legal process. I act on the instructions of my client and for him to say I connived is damaging and defamatory.
"Now what they are simply saying is that the Deputy Sheriff fraudulently auctioned the house which is impossible," he said.
Ndove also said he was in possession of documents that showed that the amounts were not fraudulent.
He said, "I have documents from the same Zesa and council which do not corroborate with what you say you have. Everything was done above board."
Ndove said he was unaware that a case against him had been reported to the police.
Efforts to talk to the businessman were fruitless as his lawyer said he did not have his contact details.
When contacted for comment, the Deputy Sheriff, a Ndebele said it was impossible that his office could have auctioned a house using a writ of movable property.
"That house cannot be classified under movable property. It is as simple as the word. What could have happened is that there was no property worth attaching and the house was auctioned.
"However that is a process all together that is documented," Ndebele said.
However, Mpofu says he has no documents that advise him that the courts had not found any movable property prompting a change of the writ. He said he had a lot of property at his house including two cars.
When Chronicle contacted the High Court, an attendant said the file had a document showing that a writ of execution on immovable property had been used. It cited a man only identified as Dlamini, said to be an uncle to Mpofu as the recipient of the summons. Mpofu said he did not know Dlamini.
"Who is Dlamini?" Mpofu retorted. "I do not have an uncle called Dlamini nor have I stayed with anyone called Dlamini. This is nonsense."
Dube who is representing Mpofu said he found three files at the High Court for the same case.
He said:
"One of the files states that the courts found nothing worth attaching in the house. This is impossible as Mpofu has two cars and also a house full of property. This is fishy and should be clarified. We want the law to take its course and that the old man gets settled in his home.
"Apart from the fact that the initial summons were issued through a letterbox to a man who stays in the communal areas, the monies indicated are a gross misrepresentation of the facts that have cost Mpofu his house.
"In the first place why was a case involving less than $10,000 dealt with in the High Court and not the magistrate's court?"
"We are saying the auctioning of the house was not justified as no such bills were ever incurred. We have applied that eviction proceedings be halted as there are many irregularities and we are happy that this has been granted," Dube said.
Source - Chronicle
