Mashudu Netsianda, Senior Court Reporter
GOKWE Rural District Council has taken Puzey and Payne (Pvt) Ltd to court for allegedly failing to deliver a top of the range vehicle worth more than $37 000 in a botched car deal.
The local authority and the motor supply company entered into an agreement of a sale of a 2016 model of a Toyota Double Cab valued at $37 148,14.
Gokwe RDC filed summons at the Bulawayo High Court citing Puzey and Payne as the defendant.
In its application through lawyers Magodora and Partners, Gokwe RDC seeks an order compelling Puzey and Payne to either deliver the car or refund the money.
The council also wants the company to be ordered to pay back the money with interest and foot the legal bill.
In papers before the court, the two parties agreed that Puzey and Payne would deliver the car upon payment of the full purchase price.
“Sometime in November 2015, the plaintiff entered into a contract with the defendant for the purchase and delivery of a brand new motor vehicle, a 2016 Toyota 4×4 double cab with an engine capacity of 2.5 litres. The purchase price was pegged at $37 148, 14, which the defendant was to deliver upon payment of the full purchase price, which the plaintiff did on August 5 in 2016,” said the council’s lawyers.
The council lawyers said the defendant breached the terms of the agreement of sale by failing to deliver the car despite verbal and written undertakings.
Puzey and Payne are yet to respond.
The motor vehicle supply company is however not new to controversy. Last year St James and Fatima High Schools took Puzey and Payne to court for allegedly breaching terms of contract in separate botched bus deals.
The High Court subsequently ordered Puzey and Payne to comply with the terms of agreement with Fatima High School by either delivering the 63-seater bus or reimbursing the school $100 000.