Man buys smuggled car for a birthday gift

By Fidelis Munyoro

A Harare businessman bought his wife a Mercedes Benz C200 as a birthday present only to discover that the vehicle had been smuggled into the country when he tried to register it. 

The vehicle has since been seized by Zimra.

Mr Absalom Nganunu is now battling to recover US$13 000 he paid Lomagundi Motors (Pvt) Ltd for the vehicle.

During trial, the court heard that when the businessman bought the vehicle, the owner was supposed to get US$11 000 and no commission would be charged.

In his testimony, the businessman told the court that the registration book given to him was in the name of one Lovemore Kudzayi of Number 200 Westgate Area D, Harare, and bore registration number ABO 9135.

He later discovered that this was fake as the said Kudzayi did not exist.

The number plate affixed to the Mercedes Benz belonged to a Datsun 120Y.

He discovered the anomalies as he sought to change ownership of the vehicle.

He then sued the seller and car dealer at the High Court to recover his money.

But the two defendants contested the claim.

The seller denied selling the vehicle to the businessman insisting that he had entered into an agreement with the car dealer.

On its part, the car dealer argued that the agreement of sale was concluded between the businessman and an individual.

The car dealer argued that it acted as an agent to advertise and sell the vehicle on behalf of a client who gave warranties and acknowledged that the vehicle was in “good order”.

Justice Nicholas Mathonsi who presided over the civil trial ruled in favour of the businessman .

“These are people who were aware from a very early stage that the vehicle was smuggled,” said Justice Mathonsi.

The judge noted that fake documents had been manufactured and that the defendants contested the action on frivolous grounds right up to the wire.

“In the result, it is ordered that judgment be and is hereby granted in favour of the plaintiff as against the first defendant in the sum of US$11 000 together with interest at the prescribed rate from 17 April, 2010 to date of payment in full,” ruled Justice Mathonsi. The Herald