EVANS TAPFUMANEYI MUNYATI

v

GODFREY MUGAYI

SUPREME COURT OF ZIMBABWE

CHIDYAUSIKU CJ, GARWE JA & OMERJEE AJA

HARARE, SEPTEMBER 3, 2012 & MAY 20, 2013

T Mpofu, for the appellant

T Magwaliba, for the respondent

OMERJEE AJA: This is an appeal against the judgment of the High Court, sitting at Harare, in which the appellant was ordered to restore possession of a Toyota Hilux motor vehicle registration number AAP 2222 to the respondent within 48 hours of service of the order and to pay costs of suit on an attorney and client scale.

The facts of this matter are as follows:  In May 2010 the parties entered into an agreement in terms of which the appellant agreed to sell and the respondent agreed to buy a Toyota Hilux motor vehicle registration Number AAP 2222.  The agreed purchase price was USD$4 000, 00 payable by an initial deposit of $2 000 and the balance in instalments.  It is common cause that the appellant surrendered the vehicle and the vehicle registration book to the respondent after payment of the first instalment.  Although it is not in dispute that at the time when the vehicle was surrendered to the appellant there was still a balance outstanding the exact amount thereof is in dispute.  On 26 October 2010 the appellant regained possession of the vehicle at the Jameson Hotel in Harare, prompting the respondent to apply to the High Court for an order of spoliation on 13 December 2010.