Murder suspect Benos sues firm over undelivered Land Rover

Fri, 07 Apr 2017 10:39:52 +0000

By CHIKUMBI KATEBE

THE Lusaka High Court has issued an Order for Mediation in a matter in which murder suspect Tshabu Benos has sued HND Trading Limited (trading as Be Forward Japan) for almost US $13,000 and over K57, 000 being refund for purchase and fees for a Land Rover Discovery vehicle.

This is contained in a statement of claim filed before the Lusaka High Court commercial division, in which matter Justice Anessie Banda-Bobo has ruled for mediation.

In her submission, Benos informed the court that around July 2015, she entered into a contract with Be Forward Japan for the purchase of a green Land Rover Discovery 2006 model at US $12,975 exclusive of taxes or its Kwacha equivalent.

“Purchase price of US $12,975 for the vehicle paid in four instalments, the last being made on the 27th July 2015. Agency fees, tax and other incidental expenses ZMW 57,972.15.

“Contrary to the terms of the agreement the said vehicle upon arrival and being handed over to the plaintiff was not in road worthy condition and had several defects including the bearings, CV joints, shock and tyre rod ends, as a result the plaintiff could not take possession of it,” she submitted.

Benos returned the vehicle to the suppliers who promised in writing that they would undertake to repair the vehicle within 20 days, but after collection the vehicle only drove five kilometers when it switched off and parked.

“The plaintiff towed the vehicle back to the defendant’s premises and in total defiance of the terms of the agreement, the defendant has failed, refused and/or neglected to repair the plaintiff’s vehicle to date.

“By virtue of the defendant’s failure to repair the said vehicle, it has breached the contract of sale entered into by the parties to the detriment of the plaintiff,” she said.

But in their defence, Be Forward Japan claimed that Benos drove the vehicle from the point of collection in Nakonde to Lusaka as it was in good working condition at delivery.

HND Trading Limited submitted that the purchaser only complained about items raised before court 14 days after taking possession of the vehicle, and that they were not obliged to repair the client’s vehicle thereafter.

“The defendant shall further state that under its terms of business, it is not obliged to repair a client’s vehicle after such client has taken possession of his vehicle and thus relies on the terms of the contract entered into between the parties,” they responded.

Benos is facing murder charges before the Lusaka Magistrates Court in which she has been accused of killing her boyfriend Lusaka businessman Reeves Malambo by stabbing in a perceived Gender Based Violence case.