BY CHARLES LAITON
PARLIAMENT has petitioned the High Court, seeking an order to compel Motor City Toyota (MCT) to supply three Toyota Hilux double-cab vehicles, which were paid for two years ago.
The company allegedly failed to deliver the vehicles despite having received payment.
MCT is yet to respond to the litigation.
Court documents show that in December 2016, Parliament entered into an agreement of sale with MCT for three Toyota Hilux double-cab vehicles valued at $104 849.
“The following were, inter alia the express terms of the said contract, namely;- that the defendant (MTC Investments) would sell the three Toyota
Hilux motor vehicles mentioned above; that the plaintiff (Parliament) would pay the purchase price in the sum of $104 849 and that delivery of the motor vehicles would be done within six months from the date of payment of the purchase price.”
Parliament said it paid the purchase price to the vehicle firm on April 1, 2017, but MTC Investments has, up to date, not delivered the vehicles.
“By reason of the said breach, the defendant is liable to deliver the said motor vehicles to the plaintiff. Despite demand, the defendant has failed, neglected and/or refused to deliver the said motor vehicles to plaintiff,” Parliament said.
“Wherefore the plaintiff herein claims: delivery of the three Toyota Hilux motor vehicles (double cab) and if the defendant fails to deliver the said vehicles within 48 hours from date of judgment the sheriff of Zimbabwe shall be authorised and directed to recover the said motor vehicles from defendant and deliver same to the plaintiff and cost of suit.”
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