Mashudu Netsianda, Senior Court Reporter
A vehicle importer has taken the Minister of Transport and Infrastructural Development Cde Joram Gumbo and the Vehicle Inspection Department (VID) to court seeking the release of an impounded kombi.
The vehicle was impounded in March this year while carrying schoolchildren without an operator’s licence.
Hoaxy Investments t/a Be forward Bulawayo, through its lawyers Dube-Tachiona and Tsvangirai Legal Practitioners, has filed an urgent chamber application at the Bulawayo High Court citing Minister Gumbo, VID and its Bulawayo depot manager, Mr Shelton Muzovi as respondents.
Hoaxy Investments is seeking an order compelling the respondents to immediately release a Toyota Hiace which was impounded from its client, Mr Nhlanhla Mpofu who had defaulted in paying monthly instalments for the vehicle. In his founding affidavit, Hoaxy Investments director Mr Dumisani Mutorera said his company entered into a hire purchase sale agreement with Mr Mpofu who wanted to buy the kombi.
According to the agreement of sale on hire purchase, Mr Mpofu was entitled to pay a 50 percent deposit of the cost price and the balance was to be settled over 12 months. Mr Mutorera said when Mr Mpofu defaulted in paying instalments, he filed summons at the Bulawayo magistrate’s court and a default judgment was granted in his company’s favour.
“I issued a warrant of execution on 30 May 2017 and instructed the messenger of court to proceed to VID for the attachment and subsequent removal of the vehicle as per my lawyer’s instructions.
“I was advised by the VID Bulawayo depot manager that he would not release the car unless I produce the vehicle’s registration book, storage fees and an operator’s licence,” he said. Mr Mutorera said he only offered to pay storage fees of $1 000.
“Despite the offer I made to pay the storage fees, I was also advised to produce an operator’s licence and I explained that I had no intention to operate the kombi as a public service vehicle but the VID depot manager refused to release the car,” he said.
Mr Mutorera said the actions of the respondents were financially prejudicing him as storage fees continued to accrue. He wants an order directing the respondents to release his vehicle. — @mashnets