News / National
Woman wins back Land Rover vehicle
25 May 2022 at 06:32hrs | Views
HIGH Court judge, Justice Catherine Kate Bachi-Mzawazi has ordered a Harare car dealer to surrender to a Harare woman a Land Rover Discovery vehicle at the centre of an ownership dispute.
The woman bought the vehicle for US$10 000, but the vehicle seller then made a false report that his vehicle had been stolen hoping to swindle the woman.
Court papers state that Chipo Christian Garapo bought the vehicle from car dealer Forbids Nyerere who had been instructed to sell the car by its owner only known as Brighton.
However, after she paid for the vehicle in November 2019, Brighton lodged a false police report saying his vehicle had been stolen in the hope of stopping transfer of ownership of the vehicle to Garapo.
Police investigations revealed that the vehicle was not stolen, prompting police to order the Central Vehicle Registry (CVR) to remove the vehicle from the blacklist.
In her ruling, Bachi-Mzawazi averred that the agreement of sale was never challenged, meaning that it was a valid transaction as it was immediately followed by the delivery of its ignition keys and customs entry documents.
"In that regard, I am satisfied that the applicant has substantively and evidentiary established a clear right of ownership of the vehicle emanating from the sale," Bachi-Mzawazi ruled.
She said the Sheriff of the High Court must sign all necessary documents to facilitate registration of the vehicle in Garapo's name.
"If the first and second respondents fail to comply with the terms of this order within seven days, costs will follow the law suit," she said.
The woman bought the vehicle for US$10 000, but the vehicle seller then made a false report that his vehicle had been stolen hoping to swindle the woman.
Court papers state that Chipo Christian Garapo bought the vehicle from car dealer Forbids Nyerere who had been instructed to sell the car by its owner only known as Brighton.
However, after she paid for the vehicle in November 2019, Brighton lodged a false police report saying his vehicle had been stolen in the hope of stopping transfer of ownership of the vehicle to Garapo.
In her ruling, Bachi-Mzawazi averred that the agreement of sale was never challenged, meaning that it was a valid transaction as it was immediately followed by the delivery of its ignition keys and customs entry documents.
"In that regard, I am satisfied that the applicant has substantively and evidentiary established a clear right of ownership of the vehicle emanating from the sale," Bachi-Mzawazi ruled.
She said the Sheriff of the High Court must sign all necessary documents to facilitate registration of the vehicle in Garapo's name.
"If the first and second respondents fail to comply with the terms of this order within seven days, costs will follow the law suit," she said.
Source - NewsDay Zimbabwe
