ZIMBABWE Mining Development Corporation (ZMDC) chairman Godwills Masimirembwa is embroiled in a legal wrangle with a Harare car dealer after he took delivery of a Mercedes Benz ML on a hire purchase scheme, but failed to pay the agreed instalments.
Report by Everson Mushava
Instead, Masimirembwa allegedly returned the vehicle 19 days later claiming it was defective.
The vehicle owner, Caiphas Buraundi, has since filed summons against Masimirembwa demanding $8 500 for use of the vehicle and breach of contract.
The parties had on October 22 last year entered into an agreement where the ZMDC boss was to pay $21 000 for the vehicle by October 31, 2012.
But after taking delivery of the vehicle, Masimirembwa allegedly failed to meet his part of the bargain.
Part of the summons filed by Buraundi’s lawyer Allan Moyo read: “Towards the end of November, the plaintiff further inquired about the payment whereupon defendant indicated that he no longer wanted the vehicle because it had several defects. This was albeit the fact the motor vehicle was sold voetstoots (as it was).
“The next day, defendant brought the vehicle to the plaintiff and dumped it saying he no longer wanted it. On checking the vehicle, the plaintiff noticed that the suspension had been damaged, the view mirrors were broken, the rear door panel was broken and the front bumper was broken.”
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Buraundi said the $8 550 was for repairing the vehicle, including $3 999 levied for the use of the vehicle for the 19 days.
However, Masimirembwa claims the two had agreed that he would take the vehicle to Zimoco for assessment before he could make the payment.
He claims the car was returned in the same condition he found it, arguing the suspension of the vehicle was already damaged, while the view mirror was held by glue that was dried and coming off.
“We never used the car for the said period and number of days except for the time it was being assessed. We deny liability of the damages claimed and the threatened legal action will be defended,” wrote Masimirembwa in his defence.
