News / Regional
Cheda lawyer's ailing 'victim' homeless
19 Apr 2016 at 01:45hrs | Views
AN ailing widow who was allegedly duped by fugitive Cheda and Partners lawyer, Mlamuli Ncube, in a botched house deal is now homeless after the High Court ordered her to vacate the property within days.
Magadalena Sibanda, 60, has been served with an eviction order to vacate her house in Bulawayo's Nketa suburb within five days. The house was sold to Mqhele Ndlovu for $16,500 by Ncube purportedly acting on behalf of Sibanda.
The ruling by Bulawayo High Court judge, Justice Francis Bere, follows a court application by Ndlovu who sought Sibanda's eviction and to have the house transferred into his name. "Sibanda and all those claiming occupation through her, be and hereby ordered to vacate the premises known as stand number 4051 Nketa 7, Bulawayo within five days," ruled Justice Bere.
The judge directed the sheriff of the High Court to eject Sibanda in the event that she defies the order. The judge also ordered Sibanda to facilitate the transfer of the house into Ndlovu's name by signing all necessary documents and furnishing the applicant's conveyancers with original title deeds.
Ncube acted an as agent when Ndlovu bought the house in December 2014 and the lawyer did not give the woman a cent. Ncube, who was armed with a power of attorney, received the money purportedly on behalf of Sibanda on December 18, 2014, and blew it.
In her founding affidavit, Ndlovu said she entered into an agreement of sale of the house with Ncube and paid the full purchase price of $16,500.
Ndlovu, through her lawyer Zibusiso Ncube of Ncube and Partners, said Sibanda allowed Ncube unfettered control over the property.
"Despite the fact that Sibanda was aware that I was purchasing the house when I visited her to view it, she didn't do anything to warn me not to deal with Ncube," argued Ndlovu.
Sibanda, through her lawyer Khulekani Sibanda of Mathonsi, Ncube Law Chambers, said there were far reaching disagreements on whether or not Ncube acted beyond his legal authority.
She further argued that she revoked the power of attorney before the sale of the house.
Ncube is on the run after he was sucked in several fraud cases. He allegedly swindled a Bulawayo couple of $20,000 in a botched commercial stand deal.
In February last year, Ncube was sued for $46,500 by a local businessman after he was implicated in another failed house deal.
Cheda and Partners ceased operating on May 15 last year after the Law Society of Zimbabwe (LSZ), the legal profession regulator, detected alleged abuse of trust funds running into hundreds of thousands of dollars.
Magadalena Sibanda, 60, has been served with an eviction order to vacate her house in Bulawayo's Nketa suburb within five days. The house was sold to Mqhele Ndlovu for $16,500 by Ncube purportedly acting on behalf of Sibanda.
The ruling by Bulawayo High Court judge, Justice Francis Bere, follows a court application by Ndlovu who sought Sibanda's eviction and to have the house transferred into his name. "Sibanda and all those claiming occupation through her, be and hereby ordered to vacate the premises known as stand number 4051 Nketa 7, Bulawayo within five days," ruled Justice Bere.
The judge directed the sheriff of the High Court to eject Sibanda in the event that she defies the order. The judge also ordered Sibanda to facilitate the transfer of the house into Ndlovu's name by signing all necessary documents and furnishing the applicant's conveyancers with original title deeds.
Ncube acted an as agent when Ndlovu bought the house in December 2014 and the lawyer did not give the woman a cent. Ncube, who was armed with a power of attorney, received the money purportedly on behalf of Sibanda on December 18, 2014, and blew it.
In her founding affidavit, Ndlovu said she entered into an agreement of sale of the house with Ncube and paid the full purchase price of $16,500.
"Despite the fact that Sibanda was aware that I was purchasing the house when I visited her to view it, she didn't do anything to warn me not to deal with Ncube," argued Ndlovu.
Sibanda, through her lawyer Khulekani Sibanda of Mathonsi, Ncube Law Chambers, said there were far reaching disagreements on whether or not Ncube acted beyond his legal authority.
She further argued that she revoked the power of attorney before the sale of the house.
Ncube is on the run after he was sucked in several fraud cases. He allegedly swindled a Bulawayo couple of $20,000 in a botched commercial stand deal.
In February last year, Ncube was sued for $46,500 by a local businessman after he was implicated in another failed house deal.
Cheda and Partners ceased operating on May 15 last year after the Law Society of Zimbabwe (LSZ), the legal profession regulator, detected alleged abuse of trust funds running into hundreds of thousands of dollars.
Source - chronicle
