TWO prominent businessmen, Chandulal Walji and Dhirajilal Walji, appeared before the Kisutu Resident Magistrates’ Court in Dar es Salaam yesterday, charged with 21 fraud counts, including money laundering and obtaining over 2bn/- from TIB Cooperate Bank by false pretences.
Other charges against the accused were conspiracy to commit an offence and forgery of documents.
They denied the charges before Principal Resident Magistrate Janeth Mtega.
The magistrate ordered them to go to remand because the money laundering offence is not bailable.
The case was adjourned to July 31, 2019 when the case would be mentioned.
Investigations, according to the prosecution, led by Principal State Attorney Paul Kadushi and Simon, have not been completed.
Prosecuting, the trial attorneys told the court that on diverse dates between September 1, 2014 and September 31, 2018 within the City of Dar es Salaam, the two businessmen, who are brothers, conspired together and other persons not in court to commit an offence of forgery.
It was further alleged that between July 1, 2010 and December 16, 2014, with intent to defraud, the two brothers made some false documents, including a mortgage of a right of occupancy in respect of a certificate of title dated December 16, 2014.
The prosecution alleged that the accused had purported to show that the document was executed by Jayantilal Walji mortgaging his property at Plot No 12 FLUR III in Kisutu, Dar es Salaam, for a $1.5m loan facility from TIB Development Bank Limited.
Such a loan, according to the prosecution, was extended to M/S Houses and Homes Limited, while the accused knew that it was false.
The accused are alleged to have made another false document, which is guarantee agreement.
Such an agreement was by Bhavesh Chandulal, Jitesh Tayantilal, Nileshi Jayantilal and Aatish Dhirajilal to TIB Development Bank Limited dated December 16, 2014.
The accused purportedly showed that those people agreed to guarantee the bank supplemental security for the sum.
The prosecution also named another forged document as the special power of attorney dated July 16, 2010 with the accused purportedly showing that Jayantilal Walji on July 16, 2010 donated the special power of attorney to Chandukla Walji.
Chandukla Walji, according to the charge, was to sign for and on behalf of Jayantilal Walji on any documents relating to the certificate of title for a plot along Zanaki Street in Kisutu and perform any act whatsoever and howsoever in relation to the same certificate of title, while it was false.
The prosecution also charged the accused with forging an application for filing of the power of attorney, purporting to show that Jayantilal Walji on July 16, 2010 applied for filing the power of attorney donated to Chandulal Walji, which was witnessed on July 14, 2010.
Between February 3, 2015 and August 2, 2016, at the TIB Cooperate Bank in Dar es Salaam, by false pretences and with intent to defraud, the two accused allegedly obtained 2,664,682,779/90 by falsely pretending it was a loan extended to House and Homes Limited.
On money laundering, the prosecution claimed that within the same period in the city, the two businessmen directly engaged themselves in a transaction involving the amount of money by withdrawing it relating to transactions in a bank account maintained at the bank by the company.