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High Court sheriff in the dock

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High Court sheriff in the dock

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HIGH Court Sheriff Macdaff Madega yesterday appeared before Harare magistrate Stanford Mambanje facing a fraud charge involving the illegal sale of a property.

Madega was remanded to July 26 on $10 000 bail.
The court heard that sometime in 2002, John Max Chinyanganya and his wife Agnes bought a property, Stand No 283 Philadelphia of Sherwood Park, from Miriam Tose Majome for
$9 500 000.
The title deeds of the property were in the name of Mai-Kai Real Estate Trust.
The Chinyanganyas did not change title of ownership.
Sometime in 2011, the accused, by virtue of being the sheriff of the court, attached the above mentioned property over a dispute between Clareta Chirenda vs Mai-Kai Real Estate Trust in case No HC 756/11.
Court papers state that Chinyanganya came across an auction advertisement of the property in a local newspaper and approached Madega objecting to the sale.

The complainant, through his lawyer Emmanuel Makanjera, lodged an objection. Despite raising the objection, Madega allowed the auction to proceed.

After the auction, it is alleged that Madega convened a meeting attended by the complainant and Rangarirai Gwendere, who had bought the property.
The sheriff allegedly directed the complainant to pay Gwendere
US$6 000 as compensation for the administration fees he had incurred in participating in the auction.

Sometime in February 2012, Madega placed the same property for sale through public action for the same case Clareta Chirenda vs Mai-Kai Real Estate Trust in case No HC 756/11.
The auction was held in February 2012 and Chirenda participated in the auction and was declared the highest bidder for US$32 000.

Madega, however, indicated to Chirenda that the bid was too low.
Chirenda then offered US$46 000 and Madega accepted the offer and sold the property under a private treaty.
According to the State, the sheriff acted contrary to and inconsistent with his duties as a public officer. Newsday.

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