The ManicaPost
Tanyaradzwa Mujati
Weekender Reporter
A Mutare City Council finance department former employee who was suspended from work in 2017 on allegations of fraudulently siphoning millions of dollars from the local authority is embroiled in a property dispute with a widow.
Miriam Mutepfa claims that Lovemore Makande – alias Gabriel Dangare – is using the Dangare credentials to try and evict her from her late husband’s house.
Makande filed for eviction papers against Mutepfa at Mutare Civil Magistrates Court and Mr Xavier Chipato is presiding over the matter.
Dangare is represented by Mr Tawanda Kanegoni of Matsika Legal Practitioners, while Mutepfa is represented by Mr Takunda Musara of Gonese and Ndlovu Legal Practitioners.
The feuding parties were expected to file their heads of arguments with the court this week.
ln the papers availed to The Manica Post, Mutepfa stated that her husband bought the property from Makande’s friend, Max Atikeni, in 1985.
“My husband, the late Morgan Mutepfa, bought the property in question from Max Atikeni in 1985. Atikeni and Lovemore Makande would move around together in the early 2000s. I believe they were friends.
“In 2004, Atikeni instituted eviction proceedings against my husband. We defended the lawsuit and lost it because we didn’t have a written agreement of sale. My husband appealed to the High Court, and before the appeal was heard, we grudgingly moved out of the house,” said Mutepfa.
She added: “We were homeless for two weeks until Makande came to our home. We were familiar with him as he worked for Mutare City Council and was also residing in Dangamvura. He told us to move back into the house as he had noticed the error at his workplace.
“He told us that City of Mutare was looking into the issue and processing our ownership papers and the same position had been communicated to Atikeni. We were told that we didn’t have anything to worry about,” she said.
Mutepfa said she was recently shocked to be served with eviction papers by Makande who said the house had been bought by Dangare.
“I was shocked when I was served with the eviction papers by the man I have always known as Lovemore Makande. I was told that the house was bought by Gabriel Dangare.
“When I appeared in court, I was informed that Lovemore Makande had a Power of Attorney given to him by Gabriel Dangare,” said Mutepfa.
She said they have been staying in the house without any challenges since 2004.
“It shocked me that the man who once saved our house from being grabbed by Atikeni was now working with Dangare to take it away. I then realised that the two (Makande and Dangare) are the same person. There is no Dangare in the United Kingdom as he is claiming. Dangare is Lovemore Makande.
“In court, we were told that Gabriel Dangare is in the United Kingdom. This was a blue lie, a blatant attempt to pull the proverbial wool over the court’s eyes. The name Gabriel Dangare is used by Lovemore Makande to commit fraud.
“Even the affidavit which was filed with the court for the present application was commissioned by Mr David Tandiri of Tandiri Law Chambers here in Mutare. This is despite the evidence led that Dangare is currently in the United Kingdom.
“We dare the said Dangare to produce a copy of his stamped passport to the court to disprove our assertion.
“This court should not be used to perpetuate fraud. It is a court of justice where the elderly and vulnerable citizens of this country should find refuge from the marauding fraudsters like Lovemore Makande,” said Mutepfa.
“He used us against Aikeni and made sure that we get back into the house and Atikeni moved on with his life. If indeed he bought this house in 2004, why did he allow us back into his house, promising to process our ownership papers?
“He deliberately waited for the passing on of my husband because he thought I didn’t know him. I remember him very well because I regarded him as an honourable man for the role he played in getting us back into our house, alas he was a wolf in sheep’s clothes. The court should not allow him audience and no rights may be acquired through fraud,” she added.
Dangare, in his founding affidavit, said he bought the house from Atikeni in 2004 and is the sole owner of the property.
“I am the registered owner of Number 298, Area 13, Dangamvura, Mutare, as evidenced by the agreement between I and Max Atikeni which was duly confirmed by City of Mutare.
“The Respondent has been in occupation of the property for many years, as a tenant, as she stayed there with her husband when the property belonged to Atikeni.
“Atikeni at one time also filed an eviction claim against the Respondent’s husband.
“The Respondent’s husband appealed against the judgment, but did not prosecute the appeal and Atikeni was granted leave to execute pending appeal.
“Atikeni sold the property to me in 2004. I did not intend to use the property when I bought it, so I let the Respondent continue to use the property, with the intention of evicting them when I needed to use the property.
“Respondent’s husband passed on and on February 2, 2022, I gave notice to the Respondent to vacate from the property. Despite the notice, the Respondent has failed or neglected to vacate. I then caused summons to be issued against her for eviction and she has noted an appearance to defend.
“It is my contention that the Respondent does not have a bona fide defence to my claim. She has no legal right to retain possession and occupation of my property,” said Dangare.
He also said the Respondent is trying to adopt the same tactic that her husband used in depriving him of his right to the house.
