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.
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