Businessman Andre Zietsman has taken Mutare-based bus operator Esau Mupfumi to court accusing him of breaching a $620 000 business contract they entered into two years ago.
Zietsman claims after selling Senatar Buses to Mupfumi in 2010, they had agreed the latter would buy a garage located in Msasa, Harare, for $620 000, but the Zanu PF central committee member had not paid anything since he took over the property. He also continues to use the property without paying rentals.
Mupfumi’s bus company operates as Chinjekure Enterprises while Zietsman’s firm trades as Tusker Developments (Private) Ltd.
On July 18 this year, Tusker Developments, through Venturas and Samukange Legal Practitioners, approached the High Court seeking an order to evict Chinjekure from the property or to compel the bus company to pay the outstanding amount in full.
“This is an application seeking an order to cancel the Agreement of Sale as well as eviction of respondents from Stand 16A Beverley East and subdivision L of Stand 16A Beverley East, known as 30 – 32 George Avenue, Masasa, Harare,” wrote Zietsman’s lawyers.
“Neither first respondent (Chinjekure Enterprises) nor second respondent (Mupfumi) has made any payment towards the purchase price of the company. Respondents have not complied with the terms and conditions of the agreement of sale at all,” Zietsman said.
“First and second respondents, however, took possession of applicant’s property as defined in clause 2.1 of the Agreement of Sale as well as in the deed of transfer referred to above. For the record, respondents did assume possession and occupation of the property in contravention of clause 4 of the Agreement of Sale.”
Zietsman’s lawyers also demanded Mupfumi to respond to the application within 10 days and meet all the legal costs. Mupfumi’s lawyer Rifiloe Tloue Chanaka yesterday confirmed receipt of Zietsman’s letter of demand.
“I can confirm (that) we have been served with the papers, but I cannot comment on the issue before we respond to them,” Chanaka said.