A DIRECTOR at Moonlight Provident has been sued by Premier Auto Service over a $28 500 debt for a Jaguar XF he bought from the automobile dealer in 2013.
BY CHARLES LAITON
According to Premier Auto, Chomi Makina, who is cited as the respondent in the matter, entered into an agreement with the firm in April 2013, for the supply of the Jaguar XF, which was delivered to him at the price of $71 550.
However, after paying a deposit of $9 550, which Makina has since disputed, the latter is alleged to have made erratic payments in varying months leaving a balance of $28 500.
“The defendant paid a deposit, towards the purchase price, of $9 550, which was reduced as against the purchase price of the vehicle, and, thereafter, defendant made erratic payments in varying months without consistency, living a balance of $28 500,” Premier Auto said in papers filed at the High Court.
“In terms of the parties’ agreement, the defendant was to pay for the car in monthly instalments without defaulting in any of the months until full and final payment over a period not exceeding 18 months.
“Defendant has breached the parties’ agreement having failed to consistently pay the balance on a monthly basis, having failed to make payment from the months of November 2014 to date of summons, being a period already covering seven months.”
In his response to the claim, Makina denied he was still in possession of the vehicle saying: “Instead, the defendant (Makina) states that the plaintiff (Premier Auto) has since assumed possession of the motor vehicle.”
Makina further said it was not true that he had paid a deposit of only $9 550 saying: “Instead, the defendant states that he paid a deposit of $19 000 and has made subsequent payment as follows….paid a total of $50 500 and states that only $24 000 remains outstanding.”
Makina also dismissed assertions that the tenure of the payment was 18 months, but said instead, the parties agreed that he would liquidate his indebtedness to the firm within a period of five years from the date of agreement.
He urged High Court judge, Justice Tawanda Chitapi to dismiss the claim.