JOEL NORMAN SENGEREDO v THE STATE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GWAUNZA JA, GARWE JA, GOWORA JA, PATEL JA, HLATSHWAYO JA & GUVAVA JA
HARARE, FEBRUARY 26 & NOVEMBER 10, 2014
T Mugabe, for the applicant, I Muchini, for the respondent
CHIDYAUSIKU CJ: This application was referred to this Court by the court a quo in terms of s 24(2) of the old Constitution of Zimbabwe (hereinafter referred to as "the Constitution"). The facts forming the background to this application are the following- The applicant was charged in the magistrate's court with two counts of fraud (as defined in s 136(B) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
In Count One it is alleged that on 19 February 2008 and at no. 30 East Road, Avondale, Harare, the applicant unlawfully, and with intent to defraud, misrepresented to the complainant in Count One that he was selling a property, stand number 521 St Patrick's Close, Helensvale Township, Harare (''the stand"), when he well knew that he was not selling the said property but only intended to induce the complainant in Count One to act upon the misrepresentation and pay him some money. As a result of this misrepresentation the complainant in Count one paid the applicant the sum of US$62,000 (Sixty-two thousand United States dollars), thereby causing the complainant in Count One to suffer prejudice in the amount ofUS$62.000 (Sixty-two thousand United States dollars).
In Count Two it is alleged that on 11 October 2008 and at no. 30 East Road. Avondale. Harare, the applicant unlawfully. and with intent to defraud, misrepresented to the complainant in Count Two that he was selling a property, stand number 521 St Patrick's Close, Helensvale Township, Harare, yet in truth and in fact he was not selling the said property. The applicant made the misrepresentation when he well knew that he was not selling the said property but only intended to induce the complainant in Count Two to act upon the misrepresentation. The complainant in Count Two paid the applicant the sum of (US$48,500 (Forty-eight thousand five hundred United States dollars), thereby causing the complainant in Count Two to suffer prejudice in the amount of US$48,500 (Forty-eight thousand five hundred United States dollars). In short, the applicant sold the same stand to two different people from whom he received the above amounts.