News / Local
Pastor defrauds ex-tenant
15 May 2015 at 09:13hrs | Views
A BULAWAYO pastor illegally sold a family house to an ex-tenant, allegedly defrauding the former lodger of $34,000.
Mnqobi Ngwenya, 49, allegedly went ahead and sold the home despite his wife putting a caveat on the house in Gwabalanda suburb to prevent it from being sold to anyone besides her or their children.
Ngwenya, a pastor at Community of Christ Church, did not file a notice to oppose his wife's provisional order.
The man of the cloth allegedly went against the court order and sold the house to Duncan Ngqatha, 27.
The matter came to light when Ngqatha, who was a tenant at the house, failed to change ownership of the house to his name because of the caveat.
Ngwenya appeared before Provincial magistrate Willard Maphios Moyo facing a fraud charge.
He was not asked to plead and was remanded out of custody to May 27 on $500 bail.
Prosecuting, Mufaro Mageza told the court that in July 2007, Ngwenya's wife put a caveat on the house.
"The interim order was granted and Ngwenya was advised of the order but he didn't file any notice to oppose. He then, knowing that the property had such caveat, on June 18, 2013 at Cheda and Partners Legal Practitioners, misrepresented to Ngqatha that the house was for sale," said Mageza.
He said Ngwenya sold the house to Ngqatha for $26,000.
The court heard that Ngqatha renovated the house for $8,000.
"When he tried to change the house to his name, he was advised by the lawyers that the house could not be changed to his name because of the caveat," said Mageza.
He said Ngqatha suffered a prejudice of $34,000 including renovations.
The matter was reported to the police leading to Ngwenya's arrest.
Mnqobi Ngwenya, 49, allegedly went ahead and sold the home despite his wife putting a caveat on the house in Gwabalanda suburb to prevent it from being sold to anyone besides her or their children.
Ngwenya, a pastor at Community of Christ Church, did not file a notice to oppose his wife's provisional order.
The man of the cloth allegedly went against the court order and sold the house to Duncan Ngqatha, 27.
The matter came to light when Ngqatha, who was a tenant at the house, failed to change ownership of the house to his name because of the caveat.
Ngwenya appeared before Provincial magistrate Willard Maphios Moyo facing a fraud charge.
He was not asked to plead and was remanded out of custody to May 27 on $500 bail.
Prosecuting, Mufaro Mageza told the court that in July 2007, Ngwenya's wife put a caveat on the house.
"The interim order was granted and Ngwenya was advised of the order but he didn't file any notice to oppose. He then, knowing that the property had such caveat, on June 18, 2013 at Cheda and Partners Legal Practitioners, misrepresented to Ngqatha that the house was for sale," said Mageza.
He said Ngwenya sold the house to Ngqatha for $26,000.
The court heard that Ngqatha renovated the house for $8,000.
"When he tried to change the house to his name, he was advised by the lawyers that the house could not be changed to his name because of the caveat," said Mageza.
He said Ngqatha suffered a prejudice of $34,000 including renovations.
The matter was reported to the police leading to Ngwenya's arrest.
Source - chronicle