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Daniel Nemukuyu Senior Court Reporter
Opposition politician Ms Priscilla Misihairabwi is battling to recover her Jeep Cherokee from a Harare panel beater who is reportedly clinging on to it after repairs. Ms Misihairabwi, an MDC (proportional representation) legislator, has taken businessman Mr Tendai Chaponda to the High Court claiming her vehicle. She is also claiming $120 per day, as holding over damages calculated from the date of summons to the date of release of the vehicle.
In the event that Mr Chaponda fails to return the vehicle, Ms Misihairabwi is seeking an order authorising the Sheriff and the police to seize the car. In the plaintiff’s declaration, Ms Misihairabwi said she took her vehicle, registration number ACF 3998 to Mr Chaponda for panel beating in September 2014.
Mr Chaponda charged $8 000 for the job, which Ms Misihairabwi fully paid. On April 15 last year, Ms Misihairabwi checked the progress of the vehicle through her employee, only to discover that Mr Chaponda had since finished the job, but was unlawfully using the vehicle for his personal errands.
“Plaintiff indicated her intentions to collect the vehicle, considering she had paid the full amount as agreed. The defendant refused to release the vehicle unlawfully demanding a further payment,” reads the plaintiff’s declaration.
Citizens Legal Aid Society and Advisory Trust issued the summons on behalf of Ms Misihairabwi.
Mr Chaponda’s copy of the summons was served on his lawyers Chinyama and Partners.
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