Defendant Denies Charges, Claims Property Deal Followed Legal Process

Livingstone businessman has told the court that his actions to sale his plot were lawful, with no intent to mislead, and that the accusations are baseless.

This is in a case where Israel Mushoke, Shah Jayendra Kumar Chihanganlal, and Lata Jehendra Shah all of Livingstone.

They face charges of making false statements and entering private property without permission.

Israel Mushoke, 54, and Shah Jayendra Kumar Chihanganlal, 65, are accused of misleading a government officer, George Susiku Sindila, into signing a document related to land in Livingstone between January and June 2022. They also face charges of trespassing on private property with intent to commit an offense.

Lata Jehendra Shah, a 60-year-old businesswoman, is also implicated in these activities.

The defendants are represented by lawyers from Swizt Mweemba and Associates.

In a defense before Livingstone magistrate Kahoyi Mushabati, Mushoke, one of three defendants accused of trespass and fraud in a high-profile land case, firmly denied allegations of wrongdoing.

 Mushoke asserted that he followed legal protocols in selling his property and stated that accusations of deception were unfounded.

Mushoke explained that he had been unaware of any alleged encumbrances or irregularities affecting the property, designated as plot LIV 3099, at the time of sale.

 "The accusations are false," he said. "I did not manipulate or procure the signing of any document."

According to Mushoke, the property in question was intended for sale to help finance his father's medical treatment in India.

He testified that he provided all required identification documents, including his title deed, to potential buyer Shah Jayendra Kumar Chihanganlal, who later confirmed the documents' authenticity through a verification process with the Ministry of Lands.

 "I was told the documents were in order, and we could proceed with the transaction," he stated.

The agreed sale price of 1.2 million kwacha was settled, and a contract for the sale was drawn up and signed, with Mushoke as the seller and Chihanganlal’s representative as the buyer.

 Mushoke maintained that the transaction followed all necessary steps, including securing a consent for assignment from the Ministry of Lands and paying the 5 per cent property transfer tax to the Zambia Revenue Authority (ZRA).

 "A tax certificate was issued to me for LIV 3099, confirming compliance," he said.

However, Mushoke said he was later accused by police of trespassing on a property owned by others and of forging the signature of George Susiku, a government officer.

"I deny these charges. I do not know George, and his signature is not on my documents," he told the court.

Mushoke further stated that he was detained for 15 days, later transferred to Lusaka, and held for three days without food, where he claims he was denied access to the Ministry of Lands.

Mushoke reiterated that he had followed the correct procedures, noting that he had acquired land through the Ministry of Lands multiple times without issue.

"I am familiar with the process, and I adhered to it strictly," he said, emphasizing that he had never encountered George or his signature on any official documents.

The case has been adjourned until November 29, 2024, for judgement.