Dar es Salaam advocate arraigned for forgery of sale agreement

Written by FAUSTINE KAPAMA.

SEASONED Advocate Felix Emmanuel Mkongwa has been charged at the Kisutu Resident Magistrate’s Court in Dar es Salaam with forging a sale agreement and transfer of ownership of a plot of a deceased person.

A statement of facts of the case was read out before Resident Magistrate Sudi Fimbo and the advocate, who operates his own law firm known as F.E. Mkongwa and Company Advocates, denied involvement in the said transaction.

After reading the memorandum of facts of the case, trial attorney Adolf Mkini informed the court that the prosecution was expecting to call five witnesses during the trial.

The magistrate thereafter adjourned the case to June 14, when full hearing is to take off. Presenting the facts in question, the prosecutor alleged that on June 3, 2005, at an unknown place, the advocate forged a sale agreement and transfer of the right of occupancy of a piece of land on Plot Number 600 Block G at Tegeta, in the City.

The advocate, according to the prosecution, purported to show that the documents in question were duly signed by the land owner, George Kimwaga, who had by then passed away, which he (accused) knew to be false. He told the court that Kimwaga died way back in 1999 and before meeting his death he was a student at the Open University of Tanzania from 1990 and 1999.

Thereafter, the prosecutor alleged, he (Kimwaga) did his internship practice at the accused’s legal company. It was alleged further that during that time Kimwaga acquired a title over the said piece of land situated in Kinondoni District with title number 42826.

He allegedly kept the said title deed in the accused’s office where he was practising his internship. The court was told further that the accused knew all about it while the deceased’s family had allegedly no knowledge of the fact.

State Attorney Mkini alleged that the accused had said he had contracted to buy the piece of land and told a police officer, Detective Sergeant E. 5442 Julius, when he was writing his cautioned statement, to have given it to one Desi Kweyamba to process the transfer.

“Surprisingly, the picture and signature appearing on the contract deed are not of the real George Kimwaga,” the prosecutor told the presiding magistrate.

On June 21, 2010, he said, the investigation office wrote to the Registrar of Titles over the said piece of land, who responded by a letter dated July 1, 2010 that the owner of the plot was George Kimwaga as from October 1, 1982 for a term of 33 years and the plot had never been processed for any transfer.

The prosecutor said that following the response by the Registrar, the accused was arrested and charged with the offence now facing him.

Source: http://dailynews.co.tz/index.php/local-news/17970-dar-es-salaam-advocate-arraigned-for-forgery-of-sale-agreement