Monday, 7 January 2019

TOP SAFARI OPERATOR TAKES ON BANK OVER AUCTIONED PROPERTY

A PROMINENT safari operator in the Gwayi Conservancy has approached the High Court challenging the attachment and auctioning of his $70 000 car and household property by the National Merchant Bank (NMB) Bank Limited over a debt of $1 586.

Mr Headman Sibanda is seeking $91 036 compensation from NMB Bank Limited for damages incurred when his property was attached and sold by the bank over a debt he had already settled.

It was not mentioned in court when Mr Sibanda paid the debt but it is stated he did it before the auction.


Mr Sibanda, a shareholder and director at Inyala Safaris in the Gwayi Conservancy, in 2016, secured a loan of $1 586 from NMB.

The bank, through the Messenger of Court, attached and subsequently sold his car, a Toyota Hilux Double Cab for $7 700 following a court order granted by Bulawayo magistrate Mr Usheunesu Matova in May 2017.

According to the terms of agreement between Mr Sibanda and NMB Limited, the loan would attract an interest of 18 percent per annum.

The parties further agreed that in the event that Mr Sibanda defaulted on repayment, the loan would attract 36 percent interest per annum.

It was also agreed that Mr Sibanda would pay the money in instalments of $541.80 until the amount lent was fully paid off.

Mr Sibanda defaulted prompting the bank to approach the court, which ruled in its favour.
Aggrieved by the judgment of the lower court, Mr Sibanda, through his lawyers Mabundu and Ndlovu Law Chambers, filed summons at the Bulawayo High Court challenging the auctioning of his car.

In papers before the court he cited NMB Limited as the defendant.
He wants an order directing the bank to pay him $77 846 being damages representing the value of his car. He also wants the bank to pay $9 690 being damages for the value of a four plate gas stove, 19kg gas cylinder, two fridges a lounge and dining suite sold by the defendant.

He is also demanding $3 500 for a wooden piano that was damaged when the property was attached by the Messenger of Court.

Mr Sibanda said the sale of his property was not warranted or lawful, arguing that he had already settled the loan at the time of the sale of his car and household property by the bank.

“On 21 January 2018, the defendant and its legal practitioners, instructed the Messenger of Court to attach and sell the plaintiff’s motor vehicle, a Toyota Hilux registration number ACC 6910 which was eventually sold for a sum of $7 700 without his consent or approval and below the market selling price,” said Mr Sibanda’s lawyers.

Mr Sibanda wants the bank to pay the money with interest at the prescribed rate from date of issue of summons to date of full payment, including the legal costs incurred.

He said despite demand, the bank refused, failed or neglected to pay. NMB bank is yet to respond to the summons. Chronicle 

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