Kalulu Farm located in Goromonzi, was sold to Prophet Magaya yet it had not been distributed under a deceased person’s estate.
This was exposed in a letter dated 7 June, 2019, written by Samukange Hungwe Attorneys on behalf of Nicholas Obert Mukomberanwa to the PHD leader.
The Mukomberanwa family through its lawyers is seeking to cancel the transaction and recover the farm.
Prophet Magaya was given until Tuesday to respond to the deceased family’s demands, failure of which legal action will be taken against him.
Lawyer Mr Everson Samukange wrote, “We understand that you are the current owners of a piece of land situated in the district of Goromonzi measuring 295,5847 hectares otherwise known as Kalulu Farm and you attend such ownership on the 30th of April 2018. You will recall that the said piece of land, Kalulu Farm was previously owned by the estate of the late Anderson Tichafa Mukomberanwa under DR No. 1256/05 and you purchased it from the estate.
“By reason of a Last Will and Testament of 19 February 2002 by the late Nicholas Obert Mukomberanwa, Kalulu Farm was included for distribution in his estate. His will has been accepted for administration purposes by the Master of High Court.”
Mr Samukange demanded that, “Our instructions are to therefore seek that your Deed of Transfer be reversed and attendant restitutions be afforded so that the farm is dealt with under DR 1839/15 as read together with DR 1256/05. In this connection, we write to inquire your attitude towards our client’s interests in Kalulu Farm, viz-a-viz your impugned tittle.”
Prophet Magaya was to occupy the land upon payment of the US$250 000 deposit.
The property was then fully paid for by the prophet after which he received Deed of Transfer he Number 2402/18.
Prophet Magaya bought the land which had been under police investigation in 2016 after it emerged that the property was advertised for sale at a time when the late Mukomberanwa’s estate had not been distributed.
The Criminal Investigations Department (Serious Fraud Section) wrote to the Master of High Court’s office on 4 May, 2016, saying “This office is investigating a case of suspected fraud in which a piece of land held under Deed of Transfer number 2721/97 registered in the names of the late Anderson Tichafa Mukomberanwa is being advertised for sale.”
Approached for comment, Prophet Magaya’s lawyer Mr Everson Chatambudza confirmed that Mukomberanwa’s lawyers wrote seeking a reversal of the land deal.
He said the PHD founder bought the farm in April 2018. “I can confirm that indeed the Prophet bought the farm in question last year. He even paid up,” he said.
“Prophet Magaya then transferred the property into his name and it’s a surprise that they want to reverse everything,” he said.
Mr Chatambudza said the case had no legal basis. “It’s up to the Prophet (Magaya) to agree to reverse the deal or not.”