The High Court has barred businessman Mr Phibeon Busangabanye from using the Bentley Continental vehicle he illegally bought from Spirit Emb...
The High Court has barred businessman Mr Phibeon Busangabanye from using the Bentley Continental vehicle he illegally bought from Spirit Embassy leader Prophet Uebert Angel pending official hand over of the vehicle to the legitimate owner, Mr Ndabezinengi Shava.
Justice Nicholas Mathonsi ruled in favour of Mr Shava, who was duped into “seeding” the vehicle to Prophet Angel and ordered Mr Busangabanye not to dispose of the vehicle pending determination of the main dispute.
Harare regional magistrate Mr Noel Mupeiwa, who presided over the criminal case involving the vehicle, convicted the vehicle importer, Anderson Tagara, of assisting Prophet Angel to swindle Mr Shava but did not issue a disposal order in respect of the exhibit.
To protect the interests of Mr Shava, the Prosecutor- General filed a review application at the High Court seeking clarity and to have the vehicle surrendered to Mr Shava, who was ruled by the magistrate to be the rightful owner.
He also filed a separate urgent chamber application to interdict Mr Busangabanye from using the vehicle and disposing of it pending determination of the review application.
In a judgment delivered on April 24 this year, Justice Mathonsi ordered as follows:
“Pending the determination of this matter, the first respondent (Mr Busangabanye) is directed not to use or dispose of the motor vehicle Bentley Continental, registration number ACO1759, engine number CKH002121, chassis number SCBDN 23 WOBC68378 until the review application by the applicant has been finalised.”
Justice Mathonsi said the magistrate clearly ruled that Mr Shava was the legitimate owner of the luxurious vehicle but, surprisingly, he did not issue an order for the vehicle to be surrendered to him.
“I have stated that Section 61(1) of the Criminal Procedure and Evidence Act permits the trial court to order the return of the article to the person from whom possession was obtained if that person may lawfully possess the article.
“The court found that Shava was the owner and that ownership did not pass to Eubert Angel.
“Prior to that, ownership had passed from Tagara to Shava even though documentation had not been done.
“Clearly, therefore, by its findings, the trial court should have ordered the return of the vehicle to Shava. It did not, contending itself, with passing the buck to some other court,” the judge ruled.
According to the facts established in the criminal trial, Tagara imported the vehicle from the United Kingdom in February 2012 and sold it to Mr Shava for $230 000.
Mr Shava did not execute a change of ownership of the vehicle into his name but it remained in the name of Tagara.
Mr Shava, who was a member of Spirit Embassy, took the Bentley to Prophet Angel who promised him abundant blessings if he seeded the vehicle to him. He then seeded the vehicle hoping that his blessings would multiply three-fold within eight months.
At the expiry of the eight- month period in 2013, nothing had materialised but Angel proceeded to sell the vehicle to another person, “Mr Busangabanye”, with the assistance of Tagara for a paltry $76 000.
Since Tagara’s name was the one appearing on the vehicle registration book, he signed an agreement of sale as the seller to facilitate the illegal transaction. Magistrate Mupeiwa fined Tagara $4 000 or alternatively 12 months in jail.
Another 12 months were suspended on condition that Tagara does not commit a similar offence in the next five years. The Herald
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| Spirit Embassy leader Prophet Uebert Angel |
Harare regional magistrate Mr Noel Mupeiwa, who presided over the criminal case involving the vehicle, convicted the vehicle importer, Anderson Tagara, of assisting Prophet Angel to swindle Mr Shava but did not issue a disposal order in respect of the exhibit.
To protect the interests of Mr Shava, the Prosecutor- General filed a review application at the High Court seeking clarity and to have the vehicle surrendered to Mr Shava, who was ruled by the magistrate to be the rightful owner.
He also filed a separate urgent chamber application to interdict Mr Busangabanye from using the vehicle and disposing of it pending determination of the review application.
In a judgment delivered on April 24 this year, Justice Mathonsi ordered as follows:
“Pending the determination of this matter, the first respondent (Mr Busangabanye) is directed not to use or dispose of the motor vehicle Bentley Continental, registration number ACO1759, engine number CKH002121, chassis number SCBDN 23 WOBC68378 until the review application by the applicant has been finalised.”
Justice Mathonsi said the magistrate clearly ruled that Mr Shava was the legitimate owner of the luxurious vehicle but, surprisingly, he did not issue an order for the vehicle to be surrendered to him.
“I have stated that Section 61(1) of the Criminal Procedure and Evidence Act permits the trial court to order the return of the article to the person from whom possession was obtained if that person may lawfully possess the article.
“The court found that Shava was the owner and that ownership did not pass to Eubert Angel.
“Prior to that, ownership had passed from Tagara to Shava even though documentation had not been done.
“Clearly, therefore, by its findings, the trial court should have ordered the return of the vehicle to Shava. It did not, contending itself, with passing the buck to some other court,” the judge ruled.
According to the facts established in the criminal trial, Tagara imported the vehicle from the United Kingdom in February 2012 and sold it to Mr Shava for $230 000.
Mr Shava did not execute a change of ownership of the vehicle into his name but it remained in the name of Tagara.
Mr Shava, who was a member of Spirit Embassy, took the Bentley to Prophet Angel who promised him abundant blessings if he seeded the vehicle to him. He then seeded the vehicle hoping that his blessings would multiply three-fold within eight months.
At the expiry of the eight- month period in 2013, nothing had materialised but Angel proceeded to sell the vehicle to another person, “Mr Busangabanye”, with the assistance of Tagara for a paltry $76 000.
Since Tagara’s name was the one appearing on the vehicle registration book, he signed an agreement of sale as the seller to facilitate the illegal transaction. Magistrate Mupeiwa fined Tagara $4 000 or alternatively 12 months in jail.
Another 12 months were suspended on condition that Tagara does not commit a similar offence in the next five years. The Herald
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