News / National
Ndove fights fraud charges in High Court
26 Jul 2017 at 06:44hrs | Views
PROMINENT Bulawayo lawyer, Mr Brighton Ndove, who is being accused of allegedly conniving with two bogus estate agents to dupe a city woman of her residential stand in Matsheumhlophe suburb, has approached the High Court challenging the allegations.
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 transfer the residential stand without the owner's knowledge.
The stand was sold for $16 000.
Mr Ndove through his lawyers, Calderwood, Bryce Hendrie and Partners, has filed a notice of opposition at the Bulawayo High Court challenging Ms Sikhanyisiwe Phiri who is suing him for fraud.
Ms Phiri, the owner of the stand, through her lawyers, Mutamangira and Associates, in her application cited 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.
She is seeking an order nullifying the deed of transfer made in favour of Mr Majahana and Ms Mangaliso. She also wants an order authorising 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.
Mr Ndove, in his opposing affidavit, said Ms Phiri's application is fatally defective.
He said the fact that Ms Phiri is not the same person holding title deeds under Number 4490/98 raised suspicion. "It is my respectful submission that I find applicant's conduct in this matter to be not only suspicious but also as one not consistent with the conduct of a person who has a genuine grievance of the magnitude she wants to portray," said Mr Ndove.
He argued that his law firm dealt with a seller who bore the same name and particulars. "With respect, it's clear that the applicant is not the same as the person who held title under deed of transfer 4490/98. She has not bothered to explain the discrepancies, a duty she obviously has. She lacks locus standi in judicio and on this basis alone, the application has to be dismissed with costs," said the lawyer.
He also queried the delay by Ms Phiri in seeking recourse yet the transaction took place in April 2015.
"In my view, the normal reaction of a person whose deed of transfer is tampered with is to confront the law firm or conveyancers who tampered with his or her title. It is now two years and applicant, her agents or worse still her lawyers have never bothered to engage me," said Mr Ndove.
He said he was wrongfully cited in the proceedings, arguing that he was not the conveyancer who caused the transfer of deeds.
"The applicant's action against me is ill-conceived, malicious and without legal basis. It is disputed that the sale was fraudulent and it is denied that the disputed sale was in respect of the applicant's property," said Mr Ndove.
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.
Ms Phiri said she became suspicious in April 2015 when she stopped receiving bill statements.
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.
A criminal report has been made to the police and the matter is still pending.
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 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.
The 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.
Mr Ndove processed the change of ownership using forged documents. Ms Phiri was prejudiced of $30 000 being the actual value of the stand.
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 transfer the residential stand without the owner's knowledge.
The stand was sold for $16 000.
Mr Ndove through his lawyers, Calderwood, Bryce Hendrie and Partners, has filed a notice of opposition at the Bulawayo High Court challenging Ms Sikhanyisiwe Phiri who is suing him for fraud.
Ms Phiri, the owner of the stand, through her lawyers, Mutamangira and Associates, in her application cited 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.
She is seeking an order nullifying the deed of transfer made in favour of Mr Majahana and Ms Mangaliso. She also wants an order authorising 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.
Mr Ndove, in his opposing affidavit, said Ms Phiri's application is fatally defective.
He said the fact that Ms Phiri is not the same person holding title deeds under Number 4490/98 raised suspicion. "It is my respectful submission that I find applicant's conduct in this matter to be not only suspicious but also as one not consistent with the conduct of a person who has a genuine grievance of the magnitude she wants to portray," said Mr Ndove.
He argued that his law firm dealt with a seller who bore the same name and particulars. "With respect, it's clear that the applicant is not the same as the person who held title under deed of transfer 4490/98. She has not bothered to explain the discrepancies, a duty she obviously has. She lacks locus standi in judicio and on this basis alone, the application has to be dismissed with costs," said the lawyer.
He also queried the delay by Ms Phiri in seeking recourse yet the transaction took place in April 2015.
"In my view, the normal reaction of a person whose deed of transfer is tampered with is to confront the law firm or conveyancers who tampered with his or her title. It is now two years and applicant, her agents or worse still her lawyers have never bothered to engage me," said Mr Ndove.
He said he was wrongfully cited in the proceedings, arguing that he was not the conveyancer who caused the transfer of deeds.
"The applicant's action against me is ill-conceived, malicious and without legal basis. It is disputed that the sale was fraudulent and it is denied that the disputed sale was in respect of the applicant's property," said Mr Ndove.
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.
Ms Phiri said she became suspicious in April 2015 when she stopped receiving bill statements.
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.
A criminal report has been made to the police and the matter is still pending.
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 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.
The 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.
Mr Ndove processed the change of ownership using forged documents. Ms Phiri was prejudiced of $30 000 being the actual value of the stand.
Source - chronicle
