Source: The Herald – Breaking news.
Fidelis Munyoro
Chief Court Reporter
THREE car dealers from Harare have been ordered to refund a Chinese national US$10 400 he was forced to pay in customs duty for a Toyota Fortuner that was fraudulently imported into the country.
The Toyota Fortuner sold to Mr Feng Li was seized by the Zimbabwe Revenue Authority in December 2019 after it turned out that it had been fraudulently brought into the country.
The trio of Tawanda Mutare, Zvikomborero Gomera and Kudzai Leo Marowa sold Mr Feng the tainted vehicle, after misrepresenting to him that it was clean.
Mr Feng found himself in trouble when he approached Southerton Police in December 2019 to have the vehicle cleared for his trip to Mozambique.
The police impounded the vehicle on the grounds that customs duty had not been paid, and handed the vehicle to Zimra.
But before he bought the car, Mr Feng enquired if the vehicle’s papers were “clean” and the trio assured him that everything was above board.
After the surprise seizure, he approached the trio to have the car they sold him properly cleared, but they refused to pay the sums demanded by Zimra.
The vehicle was only released after Mr Li paid the duty, penalties and storage charges all to the tune of US$10 403.
In a bid to recover his money, Mr Feng sued Mutare, Gomera and Marowa at the High Court.
The three operate their business at Enterprise Car Sales at the corner of Emmerson Dambudzo Mnangagwa Road and John Landa Nkomo Avenue in Harare.
On a balance of probabilities, the standard of proof in a civil hearing, Justice Gladys Mhuri found merit in the claim and ruled in Mr Feng’s favour and ordered the trio to pay him the US$10 402,42 that he had to shell out to get his car back.
“Alternatively, failing to comply with the above, payment or refund of the full purchase price for the vehicle US$22 000 paid to the first and third defendants.”
The judge heavily criticised the three when they decided to fight relentlessly to the end in a matter which could have been settled out of court.
For putting such an unwarranted fight and putting Mr Feng out of pocket prosecuting the case to finality over and above the expenses he incurred, Justice Mhuri hit the trio with costs on an attorney and client scale.
In their defence, the trio claimed that they sold the vehicle as agents for Taguta. As agents, they argued, they were not liable for the transaction they did on behalf of their principal.
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