Music superstar Oliver Mtukudzi, popularly known as Tuku, has been taken to the High Court by a local car dealer, Premier Auto Services, which is seeking to recover over $43 000 for a Land Rover Discovery 3 vehicle he bought some time ago.
The vehicle dealer issued the summons against Mtukudzi under case number HC4642/16 requesting the court for an order for payment of the amount due and/or alternatively for an order cancelling the agreement of sale.
“Wherefore plaintiff’s (Premier Auto Services) claim is for: An order for the payment of $43 141,88 being the balance owed to plaintiff on the purchase price of a Land Rover Discovery 3.0 diesel supplied to the defendant (Mtukudzi) at his special request and instance upon this order being granted,” the car dealer said in its declaration.
“Alternatively, failing the above, an order that the agreement of sale be cancelled and the defendant delivers the vehicle being a Land Rover Discovery 3.0 diesel, registration details TUKU, to plaintiff.”
According to Premier Auto Services, sometime in October 2013, it entered into an agreement of sale for the Land Rover Discovery with Tuku after which the latter collected and took possession of the car which he still possessed until now.
The car dealer said at the time of the agreement, Tuku paid a deposit of $30 000 towards the purchase price which was reduced against the purchase price of the vehicle and he was supposed, in terms of clause 3.2 of the agreement, to pay instalments at the rate of $7 500 per month for a 12-month period.
Defendant (Tuku) made payments and as of January 2015 was owing a balance of $79 960 on the purchase price. Defendant entered a deed of settlement and acknowledgement of debt in January 2015 in terms of which he would settle his indebtedness by September 2015 at the instalment rate of $7 500 per month,” it said.
“Defendant has since failed to pay in terms of the said deed of settlement having made some erratic payments leaving a balance of $43 141,88 which remains due and has been outstanding for a period now outside the settlement tenure.”
Premier Auto Services further said, in terms of the parties’ agreement of sale, Tuku was to pay for the car in monthly instalments without defaulting in any of the months until full and final payment for the car.
The car dealer also said it was further agreed that it would, in the event of breach, have an option to have the agreement of sale cancelled, repossess the vehicle and claim any damages it may have suffered as a result of the breach.
“Plaintiff has suffered interest penalties from its suppliers of the vehicle; it has suffered opportunity costs of the value and penalty for the vehicle which it has yet recovered from defendant,” Premier Auto Services said.
“Defendant has breached the parties’ agreement having failed to consistently pay the balance on a monthly basis, having failed to make payment in terms of the parties’ deed of settlement.”
Tuku is yet to enter an appearance to defend notice.