The High Court has ordered a Harare car dealer to return the Zimbabwe Agricultural Society’s money
$87,000 for a top-of-the-line vehicle that the dealer fraudulently imported into the country.
The Toyota Land Cruiser Prado VX was imported from South Africa in 2019, but was seized by the Zimbabwe Revenue Authority two years later after it was found that the import had been fraudulent.
After prolonged, but unsuccessful, dealings with the car dealer, Mr Kudakwashe Matyukuribwa, owner of Confined Auto Private Limited, the show association instituted legal proceedings against him.
In the lawsuit filed in Superior Court, the show association wanted to recover the purchase price and damages amounting to the difference between the recovery value and the replacement cost of the vehicle. This in total would be the amount required to purchase a legally imported replacement.
The association argued that Mr. Matiokoriboa and his company breached an implied warranty against “disclaimer” and, instead, fraudulently provided it with false information that the vehicle had been lawfully imported causing it to act on that misrepresentation to its detriment.
But in his defence, Mr Mathiokoriboa said the display society’s claim was unrealistic because the car was being used before it was confiscated and thus its value had diminished. He further claimed that the vehicle in question, at the time of its seizure, had been involved in two traffic accidents which further reduced its value. The value of the car was set at $38,000 at the time of its confiscation.
The matter was referred for civil trial after the parties reached an impasse following a case management meeting before Justice Bongani Ndlovu.
The court had to determine whether or not there was a buyer-seller relationship between the parties and whether or not Mr. Mathiokoriboa had fraudulently provided misleading information to the showing community that the vehicle had been legally imported.
On the balance of probabilities, which is the standard of proof at a civil hearing, Judge Ndlovu found merit in the claim and ruled in favor of the community and ordered Confined Auto to pay the community $87,000.
In addition, Confined Auto was ordered to pay interest at the specified rate calculated from the date of call until the date of full and final payment.
However, the court rejected the show society’s claims against Mr. Mateokoreboa in his personal capacity.
During the legal arguments, the show society said there was an oral agreement for Confined Auto to sell the car to the society for $87,000 and after the bank transferred the money, the society received the car. The association said the standard and appropriate remedy is a full refund.
Mr Mathiokoriboa argued that the show community instructed Confide Auto to act as its agent to import a car from South Africa on its behalf for a commission of US$3,000.
The card dealer said this was simply to facilitate the community’s internal processes to release the purchase price, as an agent, not the seller. The court eventually agreed that it was a sale. Announce
