BY CHARLES LAITON
A LOCAL company that sells herbs, 1202 Herbal Solutions (Pvt) Ltd has been arraigned before the courts by a commuter omnibus owner, who is claiming compensation for his accident damaged vehicle which the firm had hired to ferry its staff members and for distributing herbs in Harare.
Through his lawyers, the vehicle owner, Mathias Kabaya issued summons claiming US$7 500 being the replacement costs of a Nissan Caravan vehicle which was damaged beyond repair while being used by the herbal firm.
He is also claiming payment of $40 per day as the amount they agreed for leasing of the vehicle.
In his declaration filed alongside the summons, Kabaya said sometime in September this year he entered into an agreement with 1202 Herbal Solutions whereupon he leased his vehicle, registration number AFC580.
Kabaya further said it was agreed that the purpose for hiring the vehicle by 1202 Herbal Solutions was to transport its staff from their homes, to and from work and, or to deliver herbs in and around Harare.
“It was further agreed that the defendant (1202 Herbal Solutions) was to pay an amount of US$40.00 per day from September 25, 2020 until the lease expires at which point the defendant would then return the motor vehicle to the plaintiff (Mathias Kabaya).”
Kabaya said on October 6, 2020, the firm’s driver, one Tatenda Makiseni Ncube, was involved in an accident in Ruwa during the course of his employment, while towing another vehicle and at the same time pirating from Marondera.
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“The accident was solely caused by the negligence of the defendant’s driver.
“He was speeding and in the circumstances, failed to keep a proper look out, failed to avoid an accident when it was imminent and drove without due care and attention,” Kabaya said. “As a consequence of the accident, the plaintiff’s motor-vehicle was damaged beyond repair as it has been written off.
“The defendant is still obliged to keep on paying the rentals fees for hiring the vehicle until the vehicle is returned or replaced to the plaintiff. Again, since the vehicle was damaged due to the defendant’s negligence, he is liable to replace it.”
Kabaya also said the herbs firm had only paid him $280 for the first seven days up to September 31, and the second payment was due on October 7, 2020.
But after the accident, the firm failed to remit the rental fees for the vehicle leading to the current lawsuit. 1202 Herbal Solutions is yet to respond to the summons.
