BE Forward sued over botched vehicle deal

A ROMAN Catholic secondary school in Gwayi, Matabeleland North province, has sued Japanese car exporter, BE Forward, over a botched bus import deal.

In summons filed at the Bulawayo High Court on September 22, authorities at Regina Mundi Secondary School, claimed that Hoxy Investment (Pvt) Limited, trading as BE Forward, failed to deliver the bus after receiving a full payment of $24 266.

"Plaintiff's claim is for a declaration that the agreement entered into by and between the plaintiff and defendant for the purchase of Toyota Coaster by defendant on behalf of the plaintiff for its quoted price in the sum of $24 266, which was then paid by the plaintiff in full to defendant, be and is, hereby, to be lawful and binding and between parties," the summons read.

The school demanded that the company deliver the bus as agreed and also submitted that the Bulawayo sheriff "be authorised and directed to enter into the premises of the defendant, 15348 Kelvin North, Bulawayo . . . and thereat cause to be seized by him a Toyota Coaster pointed to him by the plaintiff's officials".

"The members of the Zimbabwe Republic Police be and are, hereby, directed to assist the sheriff in enforcing the order," the summons read.

In its declaration, the school submitted that it entered into an agreement, where the company undertook to import a Toyota Coaster after being paid in full.

"In that regard, the defendant issued the plaintiff with a quote of the total cost of the said motor vehicle and the parties entered into a written contract," the summons further read.

"The plaintiff duly paid the quoted price in full to the defendant in terms of the written contract. The defendant has refused to cause the delivery of the bus to the plaintiff without lawful cause.

"The defendant has failed, neglected and/or refused to deliver the bus. The defendant is obliged to deliver the bus or alternatively to pay damages in the sum of $24 266."

BE Forward is yet to respond to the summons.