BUSINESSMAN Genius “Ginimbi” Kadungure has demanded that former First Lady Grace Mugabe’s son Russell Goreraza and her brother Samson Marufu pay him his full balance after a botched sale of his Mercedes Benz ML63 to the two.
In a High Court case, Goreraza borrowed the car from Kadungure last year and got involved in an accident. He then reportedly sold the damaged vehicle to Marufu without the knowledge of Kadungure.
When Kadungure got wind of the transaction, he demanded payment of the wreck or its return from Marufu.
This prompted Marufu to approach the High Court seeking an interdict against Kadungure arguing that he wanted to unlawfully take away the car despite the former investing US$18 000 to repair it.
In his notice of opposition, Kadungure clarified that he entered into an agreement of sale with Marufu in December 2019 when he realised that he had been duped by Goreraza.
He said Marufu has paid US$4 000 and a balance of US$11 000 remained outstanding and was due within a week of the initial payment.
He said Goreraza should have involved him in the sale of the wreck since it was still registered in his name, adding that it ended up being undervalued by US$5 000.
Kadungure said Marufu was lying that their agreement of sale had no specific deadlines for payment.“His claim to the motor vehicle is mired in dubious circumstances.
“The applicant ought to simply pay the outstanding balance rather than use the court through misrepresentations to avoid paying what is lawfully owed to me.“If truth be told, it has been me who has been very patient with the applicant in pursuing my balance since December 2019,” Kadungure said.
Kadungure denied threatening or using illegal means to recover his vehicle and said he was in the process of instituting a lawsuit against Marufu over the issue.
“My communications with the applicant were legitimate demands regarding the fact that the balance is long overdue. The applicant has been using the excuse of the current national lockdown.
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FORMER first lady Grace Mugabe's brother, Samson Marufu, is embroiled in a court battle with his nephew Russel Goreraza and businessman Genius Kadungure following a botched sale of a Mercedes Benz ML63.
In an application for an interdict filed in the 3High Court, Marufu wants an order for Kadungure to be stopped from dispossessing him of the car.
He also wants Kadungure to be directed to honour an agreement entered into with him.
The court heard that Goreraza borrowed the Mercedes Benz from Kadungure for use during the late former president Robert Mugabe's funeral, but was involved in an accident.
The car was reduced to a wreck and Kadungure refused to take it back, resulting in the parties agreeing that Goreraza would replace it or pay for the damage.
In December last year, Goreraza sold the vehicle to his uncle Marufu for US$10 000.
Marufu then began repairing the car and had spent US$18 000 when Kadungure suddenly started showing interest in repossessing it, saying Goreraza had not paid him.
"The first respondent (Kadungure) demanded that he should be paid for the car and named US$15 000 as the price despite that I had already paid the second respondent (Goreraza) for the vehicle. I undertook to raise some money and pay first respondent while at the same time urging second respondent to play his part," Marufu said.
"In December, I paid US$4 000 to the second respondent and he acknowledged receiving it.
"We agreed that I would raise more money until I paid the total named price.
"There were no specific payment dates or time frames bearing in mind that I am now paying for the wreck twice," Marufu said. However, the court heard that Kadungure is alleged to have used "extortive" means and threatened Marufu with criminal prosecution while demanding his car back.
Marufu said his lawyers wrote to Kadungure seeking that the matter be resolved amicably but he has not responded, prompting him to seek reprieve through a court interdict.
“In any event it is for the applicant to follow up with his relative (Goreraza) about the US$10 000 he paid him,” added Kadungure.
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