News / Local
TTI loses case in court against Bulawayo man
01 Nov 2023 at 01:46hrs | Views
A Bulawayo resident has emerged victorious in a court case against Tendy Three Investments (TTI) parking solutions, who had clamped his vehicle without legal grounds.
On July 14th, Mr. Farai Mushuriwa's vehicle was immobilized by TTI personnel on Fort Street and 12 Avenue, near a construction site where no conventional signs prohibiting parking were displayed. Instead, there was faint spray-painted graffiti on some zinc sheets, vaguely indicating, "Construction, no parking."
Under duress and facing the threat of his car being towed to the city council's impound, Mr. Mushuriwa reluctantly paid a fine of US$25. This payment covered the potential towing and daily storage charges, which he found unreasonable.
Discontented with this outcome, Mr. Mushuriwa decided to take his case to the Small Claims Court. The hearing took place on October 11th, and the court ruled in his favor, ordering TTI to refund the fine he had paid.
The court ruling explained, "The applicant took a risk by parking in an undesignated area at a construction site. The respondent's counsel failed to cite any bylaws granting the respondent the authority to clamp vehicles parked unlawfully at a construction site. The sign was erected by the construction company solely to absolve them of any liability in the event of damage to third-party property. It does not grant the respondent the power to clamp the applicant's vehicle, as it does not resemble any of the standardized city council signs."
Consequently, the court found merit in the application and granted it, mandating TTI to reimburse Mr. Mushuriwa the sum of $25.
Upon Mr. Mushuriwa's attempt to collect the refunded money from TTI's offices, he was allegedly turned away by their lawyer, a Mr. Ngwenya. Subsequently, Mr. Mushuriwa was compelled to enlist the assistance of the court's messenger to enforce the court's decision.
In line with the writ documented by the Chronicle, the court's messenger will seize two desks, three silver chairs, and computers from TTI's premises, with an estimated value of US$250, if the refund and messenger's fees are not settled by TTI. The property will be scheduled for auction on November 17, with removal taking place on November 2.
On July 14th, Mr. Farai Mushuriwa's vehicle was immobilized by TTI personnel on Fort Street and 12 Avenue, near a construction site where no conventional signs prohibiting parking were displayed. Instead, there was faint spray-painted graffiti on some zinc sheets, vaguely indicating, "Construction, no parking."
Under duress and facing the threat of his car being towed to the city council's impound, Mr. Mushuriwa reluctantly paid a fine of US$25. This payment covered the potential towing and daily storage charges, which he found unreasonable.
Discontented with this outcome, Mr. Mushuriwa decided to take his case to the Small Claims Court. The hearing took place on October 11th, and the court ruled in his favor, ordering TTI to refund the fine he had paid.
Consequently, the court found merit in the application and granted it, mandating TTI to reimburse Mr. Mushuriwa the sum of $25.
Upon Mr. Mushuriwa's attempt to collect the refunded money from TTI's offices, he was allegedly turned away by their lawyer, a Mr. Ngwenya. Subsequently, Mr. Mushuriwa was compelled to enlist the assistance of the court's messenger to enforce the court's decision.
In line with the writ documented by the Chronicle, the court's messenger will seize two desks, three silver chairs, and computers from TTI's premises, with an estimated value of US$250, if the refund and messenger's fees are not settled by TTI. The property will be scheduled for auction on November 17, with removal taking place on November 2.
Source - The Chronicle
