A 55-year-old man informed the Livingstone Magistrate's Court that a plot number, which was canceled in the system, he does not expect to be offered or given to anyone.
This case involves Israel Mushoke, Shah Jayendra Kumar Chihanganlal, and Lata Jehendra Shah, who face a series of charges related to alleged fraudulent activities and trespass incidents.
Israel Mushoke, aged 54, and Shah Jayendra Kumar Chihanganlal, aged 65, both businessmen, stand accused of procuring the execution of documents by false pretenses.
The alleged offense occurred between January 1, 2022, and June 30, 2022. The accused, along with unknown accomplices, are alleged to have used false pretenses and fraudulent representations to induce George Susiku Sindila, the Acting Lands Officer, to sign a document known as lease number Lt-37146 concerning Stand No. 3099 in Livingstone.
In addition to the fraud charge, Mushoke and Chihanganlal also face charges of criminal trespass. They are accused of unlawfully entering the property of Vasanti Yogesh Chikhalya at Stand No. 2056 and the property of Patel Mohabhai Umashabhai at Stand No. 4416 in Livingstone between January 1, 2022, and June 30, 2022, with the intent to commit an offense.
Lata Jehendra Shah, a 60-year-old businesswoman of Indian origin, is another individual involved in these alleged activities.
The trio is represented by Swizt Mweemba and associates, who are their legal representatives.
Testifying before Chief Resident Magistrate Julius Malata was Harry Shamende, the Chief Lands Officer for the Southern Region of the Ministry of Lands. He informed the court that there are three ways to acquire land in the country.
He explained that the first method requires a person to approach the council.
The second method involves a direct application to the Ministry of Lands.
In the third method, a person must apply through the Office of the Vice President.
He mentioned that police officers from Livingstone visited his office to investigate a matter.
They were investigating three pieces of land, and their referral came from the Commissioner of Lands.
The officers were looking into plots 2056, 3099, and 4416, and they initiated a search for the relevant files.
Shamende clarified that plot 2056 was a commercial property, like all the plots in question, and it had been under title ownership since 1961.
Over the years, the ownership of the plot had changed hands, as evident from the deeds of assignments.
In summary, the property had remained titled.
Plot number 3099 was created in October 1989 as a commercial plot by the council, and the site plans and numbering were handled by the Ministry of Lands that year.
Initially allocated to George Sikumba by the Livingstone City Council, it was discovered that this plot encroached on plot 2056.
Therefore, the Surveyor General canceled plot 3099 and recommended it to another person, Patel, after adjusting its size and renumbering it to 4416.
This is how plot number 4416 came into existence, with plot 3099 being canceled.
Shamende added that the Ministry later learned that Israel Mushoke applied for plot number 3099 in 2022 and obtained approval for the plot, but it appears that Mushoke subsequently transferred it to another individual.
He received this information from the Ministry of Lands' system, but there is no supporting documentation specifying the transfer.
He noted that the registrar at the Ministry would provide more details about the matter in court regarding the new owner.
Shamende mentioned that plot number 3099, having been adjusted and renumbered, should not be available for acquisition to anyone.
The title for it is still held at the Choma Ministry of Lands office.
The trial continues.
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