By Conrad Mwanawashe
Spirit Embassy leader Prophet Uebert Angel says the claim by businessman Mr Ndabazinengi Shava for the return of a top-of-the-range Bentley Continental worth US$300 000 is frivolous and has petitioned the High Court to dismiss it.
In an application filed by his lawyer Manase and Manase Legal Practitioners at the High Court, Prophet Angel wants the court to throw out Mr Shava’s claim on the grounds that he was never the owner of the Bentley.
“The Respondent (Mr Shava) was never the owner of the motor vehicle.
“The motor vehicle was owned by one Anderson Tagara, whose name appears on the registration book . . .,” said Prophet Angel.
“Further, the motor vehicle was purchased from Anderson Tagara by Benjamin Mudzanire — the Applicant’s (Prophet Angel) brother and there is an agreement of sale to that effect . . .,” he added. An agreement of sale attached to the application confirms the transaction.
In an affidavit supporting the transaction, Mr Tagara said that he was the first purchaser and importer of the vehicle and confirms selling it to Mr Mudzanire.
He said he was later informed that the same vehicle was later sold to Mr Phibeon Busangabanye in May last year.
Prophet Angel said in the court papers that Mr Shava has no title to the vehicle and therefore cannot claim its return to him.
“Resultantly, the Respondent (Mr Shava) cannot sue for the return of a motor vehicle that he never owned and which was purchased in accordance with the law.
“The Respondent never enjoyed any rights of ownership wherein he can assert the remedy of rei vindication which he is trying to assert.
“His claim cannot and must not succeed,” he said.
He wants the High Court to throw out Mr Shava’s claim.
In case number HC 10941/14 filed last year, the businessman alleged that Prophet Angel duped him into surrendering the vehicle to him on the understanding that he would reap threefold.
Mr Shava says that nothing has happened despite him surrendering the vehicle to Prophet Angel.
He feels cheated and is now demanding his vehicle back, more than a year after the transaction.
Through his lawyers Chinyama and Partners, Mr Shava filed summons at the High Court seeking the immediate release of the black Bentley, registration number ACO1759.
He also sought an order declaring him the legitimate owner of the vehicle. The Herald
