The wrangle for Gurlyn Barton A Farm in Borrowdale involving businessman Bernard Mutanga rages on after a Harare man claims it is his inheritance.
Phillip Macquire, last week told the court that he is a beneficiary of the land and Mutanga was selling his inheritance.
Mutanga is appearing before magistrate Adonia Masawi answering to fraud charges and deliberately supplying false information to a public authority.
Testifying in court, Macquire said Mutanga acted fraudulently, appointing himself and his wife as directors of Twairob Investments (Private) Limited.
“I and my sister are beneficiaries of my late mother’s estate, which includes Gurlyn. The State owns two shares in Twairob and the remaining 498 are registered in the Macquire name,” he said.
“I am aware of several people that accused person attempted to sell the land to. They were two from Intermarket group in December 2003 and another from First Mortgage Private Limited,” he said.
Macquire said he had to approach the High Court following a failed attempt to legally remove Mutanga and his wife from directorship. “In June 2005 we were approached by officers from CID Frauds who advised us about agreements with Intermarket purporting to sell part of the property to them.
“Our lawyer Sue Brighton drafted a shareholders resignation declaring that accused person had not been authorised that their positions would be effectively null and void.
“However, in 2006 we discovered that Mutanga was still holding himself as director and shareholder and that is when we decided to approach the High Court to put an end to his fraudulent conduct. The matter is awaiting set down,” he said.
However, Mutanga’s lawyer, Mr Admire Rubaya, locked horns with prosecutor Mr Michael Reza saying his line of questioning was misplaced.
“The State misplaced its questioning focusing on issues of fraud yet the main issue was about misrepresenting to the Registrar of Companies.
“The State’s line of questioning is inadmissible and irrelevant. They should focus on whether accused person misrepresented to the Registrar or not. The outline does not even allude to accused person trying to sell the said property,” he said.
Masawi remanded the matter to today for trial continuation. It is alleged that between February 2012 Mutanga approached the Registrar of Deeds and applied for a replacement of deeds of transfer for Gurlyn Barton A land measuring 29 396 square metres.
He received the deed of transfer number 194/2004 after disposing an affidavit claiming that the original deed had been destroyed.
It is alleged that Mutanga knew that the deed was with the complainant Mr Macquire, the director of Solutions Centre, at number 118 Enterprise Road in Harare.
Acting on the misrepresentation the Registrar of Deeds issued a duplicate deed of transfer.