By Marie Taruvinga
MUSIC promoter Partson Chimbodza, owner of Chipaz Promotions, dragged popular musician Progress Chipfumo to the High Court over a musical instrument hire-purchase deal that went awry.
The two sides signed the deal in 2013 and the deal was that the musician would settle the full amount by July 2015, but nothing materialized, prompting the promoter to go to court.
Court documents show Chimbodza is also troubled by the supplier of the musical instruments, Metro Systems, which threatens to sue the businessman.
Isaac Muguti, who is guarantor of the claim, is cited as the claimant in court documents.
In December 2013, Chimbodza entered into a contract with Metro Systems for the acquisition of the musical equipment.
The purchase price was US $ 32,000 plus 20% interest, bringing the total to US $ 38,200.
“The terms of this payment were weekly installments of US $ 500 payable every Monday from December 16, 2013 to June 1, 2015, plus US $ 400 on June 8, 2015,” the court motion reads.
“In the event of failure to pay an installment, it was agreed that Chimbodza would pay additional charges, including interest of 3% per month on the balance, a 10 percent penalty for inconvenience of $ 32,000, and legal fees, a hiring fee calculated at 6% per month on US $ 32,000, ”Muguti said.
Muguti said Chimbodza entered into the contract for the benefit of Chipfumo which agreed to take delivery of the musical instruments from creditor Metro Systems on a personal basis as beneficiary.
“The arrangement between Chimbodza and Chipfumo was made by the behavior of the parties themselves. Due to the defendant’s breach of existing obligations to the creditor, the assignor is sued by the creditor for the faithful and faithful performance of the parties’ contract, ”Muguti said.
He stated that Chipfumo, despite using the musical instruments for his personal benefit, either neglected, failed and / or refused to liquidate the claim and therefore unjustly enriched himself at Chimbodza’s expense.
“It is unfair that one person gets rich at the expense and to the detriment of another. Therefore, the applicant claims payment of the sum of USD 38,200 or the equivalent at the interbank rate in effect on the date of full payment.
He also sought an order declaring that all goods sold under a hire purchase agreement between Metro Systems and Chimbodza are enforceable and returnable to the supplier in good working order.
The request has not yet been heard.