A leading dry cleaning company in Gweru, Top Line Dry Cleaners, has taken Bulawayo-based businessman Ngonidzashe Foster Macheka to court over a botched sale of dry cleaning machinery.
Macheka and his company Elica Enterprises are being sued for more than $16 000.
The dry cleaner, which is being run by an Indian family under Garuda Enterprises, filed a lawsuit at the Harare High Court seeking the payment of more than
$16 000, being arrears by Macheka and his company in the purchase of the machinery situated at the Gweru light industrial sites.
Elica Enterprise and Macheka are cited as the first and second respondents.
The deal, in which Garuda Enterprises signed a memorandum of understanding with Macheka and his company that he could lease-to-buy Top Line’s dry cleaning machinery and also pay rent for the premises took place three years ago.
However, the dry cleaner argues that Macheka and his company have reneged on the agreement as they have only paid an amount slightly above $7 000, leaving a balance of more than $16 000.
The dry cleaner is also seeking to evict Macheka and his company from the premises where the machinery is housed over $1 900 in rental arrears.
In the case, file number HC3281/11, the Gweru-based dry cleaner is seeking an order compelling Macheka and his company to pay the arrears.
Top Line said Macheka and his company acknowledged the debt and undertook to pay $600 every fortnight, but had not done so despite numerous contacts with them.
But, Macheka and his company filed opposing papers saying Top Line‘s claims were exorbitant.
“The amount that is owing at the date the summons were issued was in the region of $11 000 A further $1 500 was paid a few weeks ago and I believe it will be possible to have another amount of $1 500 paid by this week leaving a balance in the region of
$8 000,” they submitted.
Dzimba Jaravaza and Associates Legal Practitioners of Gweru represent Top Line while a Bulawayo-based law firm, Khumalo and Company Attorneys Legal Practitioners, represent Macheka and his company.