A man in Harare who lost two vehicles in a failed transaction involving a residential stand in Ashdown Park will find out next week if he can reclaim his vehicles, which have been held as exhibits during a fraud investigation. The man lodged an application at the Harare Magistrates Court to have the Toyota Hiace Quantum and Honda Airwave released, as he had made full payment for the stand but never received ownership due to alleged deception by Calvin Marimo and Temba Dzamwarira.
The application was heard by Magistrate Ruth Moyo, who postponed the ruling until May 12, 2023, after the State requested one final summons for Marimo. This is the fifth time Marimo, the third accused in the case, has been summoned to court without cooperating.
According to the State, Marimo and Dzamwarira were arrested in 2020 on fraud charges amounting to US$16,000. They allegedly misrepresented themselves as the rightful owners of a residential plot in Ashdown Park. The complainant agreed to swap his two cars for the stand, believing it was registered under the company Suastar Africa (Pvt) Ltd., claimed to be the seller. An agreement of sale was signed with Dzamwarira as a witness and Silvester Maruza signing on behalf of Suastar Africa. However, when the complainant tried to develop the stand, security guards informed him that Suastar did not own any residential land in Ashdown Park, and the stands actually belonged to Rawson Properties.
The complainant reported the matter to the police, leading to Marimo’s arrest. However, after a full trial, Magistrate Ruth Moyo acquitted Marimo, Dzamwarira, and Suastar Company, stating that the State should have awaited a determination from the High Court before charging them with fraud. The magistrate noted that there was no evidence of misrepresentation, as even the accused individuals were unsure of who owned the land in question, with multiple parties asserting ownership.