adminMasudu Netsianda Senior Court Reporter
A BULAWAYO car sales company, City Industrial (Pvt) Ltd contracted by Lobengula Secondary School to supply a bus valued at $26,000, has been dragged to court for allegedly squandering the money.
The school is demanding the refund of $26, 000 plus interest at five percent per annum.
According to the summons filed at the Bulawayo High Court last month, Lobengula School Development Committee (SDC) is the plaintiff while City Industrial (Pvt) Ltd and its managing director, Peter Godfrey Magaracha were cited as the defendants.
The school through its lawyers, Dube-Banda, Nzarayapenga and Partners, accuses the defendants of failing to honour their commitment to supply the school with a 28-seater bus despite having paid them for the service.
“On January 22, 2014, the parties entered into an agreement whereas the defendants undertook to import a Toyota Coaster minibus from Japan at a cost of $26,000.
“Five days later, the plaintiff instructed its bank to transfer $15,000 into the car dealer’s bank account,” said the lawyers.
According to the court papers, it was a term of agreement that upon payment of the initial deposit, City Industrial (Pvt) Ltd would subsequently avail the school bus in 45 days.
“The plaintiff made further payments of $11,000 through RTGS with the defendants’ bank between March and June 2014. However, despite confirmation of receiving the money, City Industrial (Pvt) Ltd has failed or neglected to either deliver the bus or refund the money,” stated the school in the plaintiff’s declaration.
City Industrial (Pvt) Ltd has on numerous occasions made futile undertakings to refund the money.
“On August 21, 2014, the defendants signed an affidavit undertaking to either refund the money or deliver the bus by October 25, 2014, but all that has come to naught,” said the lawyers.
Online Reporter