Zimbabwe: Us$38k Lawsuit for Progress Chipfumo

20 February 2020

Afro — jazz musician Progress Chipfumo must either pay US$38 200 for musical instruments he received six years ago or return the instruments in good condition under a lawsuit he has been slapped with by the supplier of the instruments.

Isaac Muguti, the guarantor of music promoter Partson Chimbodza, filed the lawsuit in the High Court.

Muguti, through his company Metro Systems, brokered a deal under which Chipaz Promotions would sell Chimbodza's instruments under a hire purchase agreement.

Chipfumo took up the offer and on behalf of Chipaz Promotions, Chimbodza signed a music instrument hire-purchase agreement in 2013.

According to the deal, Chipfumo was obliged to have settled the full amount by July 2015, but he failed to honour the agreement.

He allegedly became evasive each time he was approached to pay up. Muguti decided to approach the High Court seeking to recover the money owed to him.

Muguti's application indicates that Metro Systems is contemplating instituting legal proceedings against Chimbodza.

"It is inequitable that one person should be enriched to the detriment and injury of another," read the papers.

Interbank rate

"Wherefore the plaintiff (Muguti) claims payment of the sum of US$38 200 or equivalent at the prevailing interbank rate on the date of full payment."

Chimbodza also acted as guarantor in the hire purchase deal for the faithful performance of the contract.

The parties' agreed that in the event of default on any instalment Chimbodza would pay additional charges, including interest at three percent per month on balance, 10 percent inconvenience penalty of US$32 000 and legal costs, hiring charges calculated at 6 percent per month on US$32 000.

Chipfumo is yet to respond to the lawsuit.

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