Wesbank seeking to avoid damages claim
A claim over an alleged fraudulent sale of a motor vehicle is set to return to court soon after the customer approached the Eastern Cape High Court (Makhanda) again, in a move which could lead to civil action amounting to millions in damages against Wesbank.
A Weekend Argus report notes in legal papers, senior government employee Mzukisi Ndara is seeking a declaratory order to re-open a case he had earlier set in motion setting aside the sale agreement of a vehicle as unlawful and invalid. He claimed that the contract constituted fraud, misrepresentation, market misconduct and corruption.
However, Wesbank argued that Ndara’s claim fell outside the three-year prescribed period and therefore should be thrown out of court. But Ndara said he had become aware of the fraudulent conduct only in August 2013.
Last month the court dismissed with costs an application by Wesbank for leave to appeal.
Ndara’s recent move, according to his lawyers, was based on crucial evidence by their client, who was the sole witness in the 2013 case, that had gone missing and was no longer available.
In the absence of such evidence, his legal representatives argued, that this would prejudice Ndara and would infringe on his constitutional right – even if the matter was taken to a court of appeal, tribunal or forum to have the dispute resolved in a fair manner.
At the heart of the 15-year saga, is the November 2004 sale of a 2004 Nissan X-Trail by a dealership in King William’s town who were acting as agents of Wesbank – the financiers of the disputed deal.
Ndara alleges that he was made to believe he was sold a new car, but it turned out it had already clocked 6 700km and that it was a 2.2 diesel manual although he was invoiced for a brand-new Nissan X-Trail 2.5 petrol automatic.
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