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Land barons clash over stands

by Staff reporter
09 Mar 2020 at 08:04hrs | Views
A DZIVARASEKWA housing co-operative faction leader, Simba Moyo, last week appeared in court charged with fraud after being accused of misrepresenting that he was chairperson of Nehanda Housing Co-operative before selling residential stands to unsuspecting homeseekers.

Appearing before magistrate Victoria Mashamba, Moyo denied the allegations saying when he sold the residential stands, he was the bona fide chairperson of the co-operative after a vote of no confidence had been passed on the previous leaders, who are now the complainants.

The complainants, represented by Continuous Dambaza, told the court that Moyo conducted meetings at Nehanda Housing Co-operative in 2016 and told homeseekers that he was the chairperson when he had ceased to be a member.

Dambaza said Moyo told homeseekers that the stands were priced at US$6 000, resulting in some paying various amounts of money to him.

According to Dambaza, Priscilla Havadi paid US$800 deposit, US$30 allocation fee and a monthly instalment of US$10.

But in his defence, Moyo said Dambaza's executive had ceased to represent Nehanda Co-operative as it was booted out by a vote of no confidence in
2015.

Moyo submitted two High Court judgments with one delivered by Justice Loice Matanda-Moyo dismissing Dambaza's leadership, saying they had distorted the facts of what was happening on the ground in order to get a favourable determination at High Court.

Justice Matanda-Moyo dismissed the application that gave a clear determination that the co-operative had no clear leadership at the time.

Dambaza, however, told the court that his faction had convened an annual general meeting (AGM) in 2014 at which their leadership was given power by the co-operative to preside over its issues.

He said their leadership decided to expel Moyo for not following the co-operative's constitution and selling residential stands without the co-operative's consent.

But Moyo said the 2014 AGM was not recognised by the High Court since the vote of no confidence carried out on Dambaza's administration in 2015 took precedent over the 2014 meeting.
Moyo said Dambaza's application at the High Court was dismissed because they had no locus standi after a vote of no confidence in 2015.

Dambaza told the court that Nehanda Housing Co-operative would allocate the residential stands to homeseekers, but Moyo would come and collect the money for the same stands.

Moyo disputed that and told the court that it was Dambaza's administration that would come to collect money paid for allocated stands without his faction's knowledge.

According to the complainants, Moyo's actions were making it difficult to administer the co-operative's affairs.

Magistrate Mashamba postponed the trial to March 23 for continuation.

Source - newsday

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