Lusaka Magistrate Felix Kaoma has sentenced a 58-year-old man of Mtendere township to three years imprisonment with hard labour for swindling another man out of K50,000 on pretext that he had a plot for sale.

Lupasha Mukata was in this matter charged with one count of obtaining money by false pretence.

Particulars of the offence were that between January 20 and February 19, this year, Mukata with intent to deceive or defraud, obtained K50,000 cash from Michael Mbewe by falsely pretending that he had a plot for sale when in fact not.

Facts in this matter were that on January 17, this year, Mukata advertised in the Zambia Daily Mail Newspaper a plot for sale in Silverest area, which was plot number 23122/M and was being sold at K110,000.

The advert also carried the advertiser, Mukata’s, phone number.

The complainant, Micheal Mbewe, got interested in the property and contacted Mukata who identified himself as Chrispin Kasonde.

After negotiating, Mukata agreed to sell the plot at K100,000.

Between January 30, 2019 and February 16, 2019, Mukata obtained a total of K50,000 from Mbewe as down payment for the purchase of the said plot, but when the complainant went to the plot in readiness for commencement of development, he discovered that another person had sunk a borehole there.

After inquiring, he came to learn that the person who had sunk the borehole was a Mwewa of within Silverest who confirmed that he was the owner of the plot and further that he was Chrispin Kasonde the true owner of the plot as registered at the Ministry of Lands.

Mukata was nowhere to be seen with his phone off.

The matter was reported to Kamanga Police Post where Constable Nsunge took it up and investigated.

The Mukata was apprehended and interviewed in connection with the allegation, and it was during this interview that he revealed that he was Lupasha Mukata, not Chrispin Kasonde.

In mitigation, Mukata asked magistrate Kaoma for leniency, saying his family would suffer if he was jailed.

He added that he was a patient.

But magistrate Felix Kaoma sentenced him to 36 months imprisonment with hard labour.

He said he was sentencing Mukata to punish him for his actions owing to the prevalence of such offences.

Magistrate Kaoma said it was prudent that such offences were dealt with severely to deter would be offenders.

“I sentence you to 36 months imprisonment with hard labour,” said magistrate Kaoma.