A BULAWAYO businesswoman has been taken to court for
allegedly clandestinely selling her car, a Mercedes Benz worth US$28 000 to two
different clients.
Ms Vimbai Manemo of Khumalo suburb sold her car to Mr
Herman Jones of Morningside suburb in the city in violation of an agreement of
sale she had with Mr Elvis Basira who had already paid part of the money
towards purchasing the vehicle.
Mr Basira, through his lawyer, Mr Bruce Masamvu of
Dube-Tachiona and Tsvangirai Legal Practitioners, filed a court application at
the Bulawayo High Court seeking an order nullifying the agreement of sale
between Ms Manemo and Mr Jones pending another application under case number
HC144/18.
In papers before the court, Ms Manemo and Mr Jones were
cited as respondents.
In his founding affidavit, Mr Basira said he paid US$16 550
in December 2017 and undertook to pay the balance at a later stage.
“In terms of the agreement with the first respondent (Ms
Manemo), I paid half of the agreed US$28 000 and I was given possession of the
car, a Mercedes Benz C220 in December 2017. After I got possession of the car,
first respondent in the company of a police officer then came and took the
motor vehicle from a car park alleging that it was stolen from her,” he said.
Mr Basira said when he offered to pay the balance to Ms
Manemo, she initially evaded him before subsequently refusing to accept the
outstanding amount.
He said despite the existing agreement of sale, Ms Manemo
went on to sell the car in March this year to Mr Jones.
“The first respondent sold the vehicle fully aware that it
is a subject of litigation before this honourable court and that she had not
cancelled our agreement of sale. I submit that the sale of agreement between
the two respondents is therefore null and void as it was just done out of
malice intending to defeat my claim under HC144/18,” Mr Basira said.
He said he entered into a written sale of agreement with Ms
Manemo on August 10, 2017 in terms of which he bought the car at a cost of
US$28 000.
He paid US$16 550 and undertook to pay the outstanding
balance at a rate of US$1 000 per week from the date of the signing of the
pact.
In his summons filed last year, which are still pending
before the same court, Mr Basira said despite payment of more than half of the
purchase price, Ms Manemo has failed, refused and neglected to deliver the car
to him.
“The defendant has on diverse occasions refused to accept
payments from the plaintiff and is thus in breach of the agreement,” he said.
Ms Manemo is yet to respond to the latest application filed
under HC1737/19. Chronicle
0 comments:
Post a Comment