Car dealer found guilty of abuse of court process ...

Car dealer found guilty of abuse of court process in vehicle dispute

Nyashadzashe Ndoro

Chief Reporter

The High Court has dismissed an application by Lawrence Mahara, owner of Avid Auto, seeking a declaratory order to reclaim five vehicles allegedly sold fraudulently by his former business associates, Tatenda Dexter Musarurwa and Takudzwa Michael Ngandu.

Justice Benjamin Chikowero ruled that Mahara's application was, in substance, a criminal matter disguised as a civil case, and therefore an abuse of court process.

Mahara had reported Musarurwa and Ngandu to the police for allegedly selling the vehicles without his authority. The police seized the vehicles from the buyers, who were listed as respondents in the case.

The vehicles involved are Toyota Fortuner, engine number: IGD0591645, Toyota Hilux chassis number: AHTKB3CB702364084, Mercedes Benz chassis number: WDD2050402R001054.

Additionally, two other vehicles were mentioned: Chevrolet Trailblazer (no specific details provided) and another Toyota Hilux (no specific details provided).

The court found that Mahara's application sought to circumvent criminal proceedings and secure the release of the vehicles, potentially needed as exhibits.

"I have examined the application placed before me and am satisfied that it is a criminal matter," the judge noted.

"All that the applicant wants is to get the vehicles back without going through the dispute resolution structures of our criminal justice system.

"He deliberately decided against citing Musarurwa and Ngandu as respondents despite the entire application being based on the fraud that he alleged was perpetrated by them. If he had cited them, he would have been forced to describe them as accused persons. That would have exposed the substance of the application as being that which I have found it to be."

Justice Chikowero ordered Mahara to pay costs on the legal practitioner and client scale to the third, fourth, and seventh respondents.

"I mark my disapproval of the applicant’s abuse of Court process by ordering him to pay the third, fourth, and seventh respondents’ costs on the punitive scale.

"They incurred unnecessary legal costs by being called upon to defend the application. The application should never have been filed," Justice Chikowero stated.