A 65-year-old man has told the Livingstone Magistrate's Court that he was shocked when the casual workers he had engaged to clear his plot informed him that the plot belonged to stranger.
This is a case where Israel Mushoke, Shah Jayendra Kumar Chihanganlal, and Lata Jehendra Shah are facing 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, have been accused of procuring the execution of documents by false pretenses.
The alleged offense took place 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 are also facing 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 person involved in these alleged activities.
The trio are represented by Swizt Mweemba and associates.
Testifying before Chief Resident Magistrate Julius Malata was Livingstone businessman Yogeshi Chikhalya of 27 Airport Road in Livingstone. He told the court that he was born in Zambia, got married to his wife, Vasanti, in 1998, and they are still married.
He said that in 1998, the Livingstone City Council was offering plots, so he, his wife, and Patel attended the interviews. He said he escorted his wife when the interviews were being conducted for the same plot at the Livingstone City Council, and explained that his wife was the one who had applied it.
"So, we know each other. I attended interviews at the Livingstone City Council in 1998. I did not apply; this was done by my wife. I accompanied my wife when she applied for the plot. The application was approved by the council. My wife was offered a plot by the council, who were acting on behalf of the Ministry of Lands," he said.
He said it is unfortunate that his wife is currently out of the country. The couple was offered the plot, and they started the process of getting the title deed. They managed to get the title to the plot in question in 1998.
"After the interview, we were allocated a plot along Senanga Lodge near Maramba Cultural Centre in Livingstone. We were required to pay the necessary fees and paid for the title. The process was initiated when we presented our plans to the council for the development of the allocated plots. We even went to the Environmental Council of Zambia for them to approve our plan. While it was being approved, the council gave us permission to commence with the ablution block on the site slab," he said.
He mentioned that he was taken ill, and everything came to a standstill at the plot. Later, the title deeds were issued by the Ministry of Lands after a year, the title deed was in his wife's name, specifically, plot number 2056. He identified the title deed in court.
In late 2022, while they were trying to clean the plot, Mushoke approached his workers and told them to stop working as the land did not belong to Chikhalya despite having attended the interviews at the Livingstone City Council, he was shocked and reported the matter to the police later on.
"I then went to the Livingstone Central Police Station to report the matter," he said.
He said at the police all parties concerned were supposed to visit the site to confirm to ascertain, if the piece of land was indeed the same in question.
The police confirmed that Mushoke and Shah stated that it was the same piece of land.
"We were not supposed to proceed with any development at the plot until confirmation was made. I have known Mushoke for about two years, and he is before the court," he said.
He also stated that he has known Shah for about ten years as a businessman, and himself and Shal are both of Indian origin.
"I am not sure if the Ministry of Lands gives offers. I do not have any offer letter," he said.
He also mentioned that he was not aware that his wife had received an offer from the Ministry of Lands.
"My wife is out of the country. The plot number 2056 has only a slab which was put there," he said.
The trial continues.
Comments