MASVINGO — Bikita East MP Kenneth Matimba is embroiled in a car rent-to-buy dispute with a driver he entered into an agreement with in October 2012.
By Tatenda Chitagu
The contract was valid for one year where the driver would pay $55 a day for six days to the Zanu PF MP and then take ownership of the car afterwards.
Tawanda Matebwe has dragged the legislator to the civil court seeking for a rescission of judgment after Matimba attached the Toyota Ipsum (registration number ABW 3922) he was pirating with claiming the former had not finished paying for the car. Matimba had sued Matebwe claiming he had a shortfall of $3 131. He got a default judgment on January 14 this year that led to the attachment of the car.
However, Matebwe, through his lawyer, Joseph Maweni of Mutendi and Shumba, approached the civil court for the judgment to be set aside on the basis that Matimba cited the wrong address on the summons and served them at a house where Matebwe does not reside.
“I was not in wilful default since I did not see the summons because they were served at the wrong address. I only became aware of this judgment on March 25 when the Messenger of Court saw me at Nyika Growth Point and served me with the notice of attachment in execution of property,” he said in his affidavit.
“Matimba knows my address of service since we have a contract we entered into and also that of my legal practitioner, but he opted not to serve either me or my legal practitioners.”
Magistrate Lyn Manyika referred the matter to court where both parties are expected to come for a hearing at a date yet to be advised. Matebwe claims that he has fully paid for the car and accuses Matimba of trying to unduly benefit “by abusing the court processes”.
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“I risk losing my car for a debt that I had already paid,” he says in court papers.
He further avers that he paid $14 000 for the car, but was surprised to hear Matimba saying he had a shortfall when the contract was less than one month to expire for him to take the car.
