A popular Botswana lawyer, Kagisano Peace Tamocha has been dragged to court by a Real Estate Development company, MAART Homes (Proprietary) Limited in Botswana for allegedly defrauding it of the sum of P600,000 Pula,  about US$60,000, resulting from a fraudulent property sale scam.

The company claimed in the paper filed before the High Court of the Republic of Botswana sitting at Gaborone, copies of which were made available to The Advocate News Online, that the lawyer (Tamocha) fraudulently facilitated the sale of a plot of land identified as “Lot 57561 Gaborone” to the firm without the knowledge of the owner.

The plaintiff, MAART Homes (Proprietary) Limited represented by one of its Directors, Mrs. T. C. Tigelo said the company has also made a passionate appeal to Botswana President, Duma Gideon Boko, a renowned legal luminary and a Senior Advocate, and Law Society of Botswana for urgent intervention in order to ensure the protection of the rights.

According to the papers filed in court, Tamocha through his law firm, had advertised the land, Lot 57561 Gaborone, for sale at P750,000 which prompted MAART Homes to indicate interest and went ahead to enter into a contract with the lawyer who claimed to be representing the rightful owner, Eng Sealogane Mpotokwane (Eng).

The fake ID of the purported seller

The company said in the motion filed by its counsel, M. K. Moesi & Co of Gaborone, that on or about 6^th June 2025, Tamocha drafted an agreement between it and Eng Sealogane Mpotokwane (Eng) to make a deposit of the sum of P600,000 as a condition to commence development of the said property “to the standard for which it can be transferred.”

The plaintiff told the court that after making the payment of P600,000 as agreed, the lawyer delayed issuance of the title deed for about a week while he was busy moving the money from his trust account with the First National Bank where it was lodged.

He later released only three pages out of the 12-page title deed and withheld the remaining pages insisting that the three pages which did not include the front and back pages and other critical parts containing vital information about the property, were enough to conduct a search on the property.

Following pressure from the plaintiff’s counsel, Tamocha released what he claimed was the original title document with which the plaintiff conducted a search and managed to locate Eng who denied being involved in selling her property and in particular denied knowledge or being a party to the sale agreement purportedly produced by Tamocha.

It was at this point that the plaintiff and lawyers confirmed that the sale agreement and the title deed “were null and void and/or fraudulent because they were founded on a forged document,” adding that the person who presented herself as the owner of the property was not the real owner.

According to the plaintiff, he later obtained the “original” title deed which had the ID of the owner of the property’s face different from the person who appeared before him as the seller.

In the course of the search, the plaintiff further discovered that the same Tamocha had earlier on 29^th January 2025 received into his trust account the sum of P300,000 from Welcome Enterprises (Pty) Ltd being deposit for the same Plot No. 57561, Gaborone, the same property he sold to the plaintiff with forged documents.

Following the observed discrepancies, it became clear that the agreement between the plaintiff and Eng “is null and void and unlawful”, hence his decision to approach the court to seek redress.  The plaintiff is therefore claiming from the defendant, the P600,000 he paid for the property with interest of 10 percent per annum with effect from 6^th June 2025 to date of the payment in addition to P112,000 expenses incurred when he mobilized to the site to commence development.

“The defendant is therefore liable to pay to Plaintiff the said amount of P712,000 which is due and payable,” the plaintiff claimed, informing the court that despite proper and lawful demand, the defendant had refused, neglected or failed to pay the amount.

In addition to seeking redress in court, Mrs. T. C. Tigelo, a director of the defrauded company, MAART Homes (Proprietary) Limited, told The Advocate Online, that they have decided to appeal to President Boko and the Botswana Law Society to call the legal practitioner (K. P. Tamocha) to order and help to secure the refund of the money in his possession.

She said: “ We are appealing to the president of Botswana, concerned authorities including the Law Society of Botwana, Judiciary and the parliament to look into the criminal activities of the lawyer called Kaisano Peace Tamocha.

“Unfortunately, this lawyer advertised a plot for sale through an agent and other means of communicating with people when you have a property you are disposing, his agent contacted us that the plot is available for sale and the particular place he advertised the property is at a highbrow area in Gaborone Botswana called Block 10. After advertising the plot, it happened that there is a woman he used in staging the fraud.

“The woman came out to claim that she is the owner of the plot with fake ID of the original owner of the plot. She answered the same name of the original owner of the plot, used the same date of birth, place of birth and the same Identification number of the original owner on OMANG.  The difference between her and the original owner is the picture on the ID.  The picture of the original owner and her own on the ID were not the same.

“The ministry has confirmed that the title deed he gave to us is fake.  The law society of Botswana disciplinary committee meeting will hold this July and we are expecting them to look into the complaint formally lodged with the Department of fraud and financial crime department, which investigation is ongoing.

“The police have not arrested him hence our crying out now to the office of the president and the law society among others to ensure our rights are protected.”

Meanwhile, the legal process is ongoing at the court.