By Mary Taruvinga
PIONEER Transport Pvt Ltd has taken Unifreight Africa Limited to court for failure to fulfil a deal worth US$241 000. The deal was entered into back in 2016.
The case spilled into the courts after Unifreight failed to deliver as expected despite demand over the past four years.
According to court papers, on or around the 6th of May 2016, parties entered into a lease purchase agreement which came into effect on June 1, 2016.
In an affidavit filed on behalf of the company by Raymond Sibanda, Pioneer Transport said parties agreed that the total value of rental would be US$241 000 payable at 75 percent of the total value over 60 months in equal instalments of US$3 012.50 per month.
The money was to be paid on or before the 30th of each month.
“We also agreed that on the completion date, once received payments totalling US$180 750 it shall sell the leased assets to the applicant at the value of US$60 250 of which payment shall be made within 99 days to effect legal transfer of the assets,” said Sibanda.
“Parties also agreed that should the applicant default in making payments for a period exceeding 90 days from the date rental is due, respondent shall be entitled to repossess the leases’ assets.”
The date of payment was to commence on June 1, 2016.
In fulfilment of the terms of the agreement, applicant paid in full all the monthly instalments and the purchase of the lease’s assets.
However, despite repeated demands and in breach of the agreement, respondent has failed and neglected to put assets into applicant’s name.
It is against this background that the applicant has approached this court.
“In terms of the agreement, the applicant has performed its obligation and has a right to demand performance from the respondent who are in breach. There is no lawful basis why the respondent should be absolved of performing its obligations having accepted full performance from the applicant,” said Sibanda.
The property in question includes some flat trailers and goods trailers.
The matter is pending.