Online Reporter
Fidelis Munyoro
Chief Court Reporter
A luxury car deal has ended in a bruising High Court defeat after a judge found a buyer’s claim for a Land Rover and US$76 000 was built on a version of events that did not withstand scrutiny.
High Court judge, Justice Christopher Dube-Banda dismissed the claim by Batanai Tapuwa Zengeni against Primeval Trading (Pvt) Ltd, trading as Eminent Cars, and its director Blessing Matimura.
Justice Dube-Banda also ordered Zengeni to pay costs on a legal practitioner-and-client scale.
Zengeni claimed he bought a Land Rover for US$80 000 on 25 February, 2023, paying US$76 000 cash plus an Audi, and leaving US$4 000 owing.
He alleged Matimura later repossessed the vehicle after the Audi developed a fault.
However, the defendants maintained that Zengeni had not bought the Land Rover from them at all.
Instead, they said the real transaction was between Zengeni and businessman Bursal Katena, with Eminent Cars merely facilitating the paperwork as the Land Rover was still registered in Matimura’s name.
Katena told the court that the Land Rover was exchanged for other vehicles and cash, rather than being purchased for US$76 000 in cash.
Justice Dube-Banda said the court faced “two mutually destructive versions” and had to decide which was more probable.
He was critical of Zengeni and his witness.
“The plaintiff and his witness were poor witnesses,” the judgment states, adding their evidence had “an artificial ring to it, almost as if they were programmed or as if it was rehearsed.”
The court found Cloud Ranganai was a “hired witness.”
Ultimately, the court found the defendants’ version more credible.
“The second defendant and Bursal Katena were good witnesses and made a good impression,” the judge said.
Their version was detailed, internally coherent on the core sequence, and externally corroborated, said Justice Dube-Banda.
The absence of a receipt also counted against Zengeni and therefore he failed to prove that he had entered into the alleged sale agreement with either Primeval Trading or Matimura.
He also failed to prove that he had paid US$76 000 in cash to the defendants.
“At the end of the trial, the plaintiff must prove his case on a balance of probabilities,” the judge said.
And on that test, Zengeni’s case failed.
“My view is that the plaintiff’s claim is founded on contrived facts,” Justice Dube-Banda declared.
