NEWLY-APPOINTED CMED board chairperson Godwills Masimirembwa has been ordered to settle a $5 000 debt for a vehicle he bought from Harare car dealer, Brumwell Kajokoto.
SENIOR COURT REPORTER
The default order was issued at the Harare Civil Court under case number 12271/14 after Masimirembwa failed to appear in court to defend himself in the matter.
According to court papers, Kajokoto met Masimirembwa in December last year and sold him a Honda CRV car for $11 500. However, Masimirembwa committed himself in writing to make staggered payments since he did not have ready cash with him and took away the car after paying a deposit of $3 000.
As part of the agreement, Masimirembwa also surrendered his motor vehicle, a Toyota Camry valued at $3 500, leaving him with the balance of $5 000.
According to the signed agreement, Masimirembwa was to make payment of the balance on or before January 31 this year.
In the particulars of claim, Kajokoto’s lawyer Raymond Nembo said: “The plaintiff (Kajokoto) has been forced to incur unnecessary additional costs through, inter alia, litigation in attempting to procure payment which is not disputed from the defendant for the said vehicle and for which the plaintiff is entitled to compensation through an award of costs on the plaintiff and legal practitioner and client scale.”
He added: “Despite demand, the defendant (Masimirembwa) has failed and/or refused to pay to plaintiff the sum of $5 000.”
The court ruled that Masimirembwa should pay $5 000 plus interest at the rate of 5% per annum with effect from January 31, 2014 to the date of payment in full.
It also ruled that he should pay the cost of suit on a legal practitioner and client scale and collection commission as provided for under the Law Society of Zimbabwe by-laws.