By Judith Nyuke
A local trust, The Fiona Dambudzo Shadaya Trust has been dragged to court charged with fraud following two botched property deals involving US$1.6 million.
The Fiona Dambudzo Shadaya Trust, represented by Marshall Mutandwa Shadaya who is also the second accused in the matter appeared before Harare Magistrate Jesse Kufa.
The matter was remanded to 8 April.
The complainant in the first count is Kingsley Zimbudzana (59) who is employed by the Air Force of Zimbabwe.
The court heard that in 2024, Shadaya represented to Zimbudzana that he was selling Stand 4077, Lot 1 of Subdivision H of Nthaba, Glen Lorne Township, measuring 4 000 square metres for US$100 000.
The Court heard that on May 16, 2024 an agreement of sale was entered into, resulting in an initial cash installment of US$70 000 paid at Shadaya’s Utano Motors office in Avondale.
An invoice was reportedly issued as confirmation.
The remaining US$30 000 balance was paid by Gift Zimbudzana, the complainant’s son within the agreed 30-day period.
Following full payment, Zimbudzana requested the conveyancing process to begin. Shadaya allegedly claimed he needed to resolve issues with the Harare City Council first.
After continued excuses, Zimbudzana became suspicious. Upon confronting him, it was discovered that the stand belonged to the Shadaya Family Trust and the accused had no authority to sell it.
Zimbudzana suffered a total loss of US$100 000, and nothing has been recovered.
In the second count, the complainant is Louis Maronga (38), Director of Lupart Technologies (Pvt) Ltd. The State alleges that on January 28, 2022, Maronga was hired by Shadaya to service a 3.3-hectare piece of land (Stand 103, Luna Township, Borrowdale Estate) into residential stands.
Payment for the service was to be in the form of four residential stands: two measuring 4 000 square metres valued at US$1 million, and two measuring 2 000 square metres valued at US$500 000.
Maronga completed the work and was allocated stands 163, 164, 165 and the remainder of Lot 3.
However, between 2023 and 2024, Shadaya fully aware he had allocated these stands to Maronga sold them to third parties before the change of ownership was complete.
The total prejudice in this count is US$1.5 million with only US$140 000 recovered.
