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Motorcyclists clash over defective bike

Tendai Gukutikwa
Weekender Reporter


A BITTER feud over a motorbike recently took centre stage at Chief Saunyama’s community court, where two men, Fortunate Tagwasha and Leon Saziwa, clashed over the ownership and payment of a motorbike that changed hands under contested circumstances.


Tagwasha, who presented his grievances before the court, narrated how he bought the bike after his wife encouraged him to own one instead of working as a hired rider ferrying passengers.


“Someone approached me and told me that Saziwa was selling his motorbike for US$670. I told him I only had US$500, and we agreed that I would pay the balance in due course,” said Tagwasha.


He added that it was his wife who negotiated the deal with Saziwa, and they finalised the deal late at night.


“Due to the timing, I only test-drove the motorbike for about 100 meters because it was already dark. As a result, I opted that I would test-drive it the following morning,” he said.


However, Tagwasha said his joy was short-lived the next day.


“The next day, I took the bike to a mechanic because I felt something was wrong. The mechanic told me several parts needed replacing.


“I called Saziwa, who promised to come and fix the bike, but he never showed up. Later, he said he would refund my money, but that never materialised,” he explained.


To his dismay, Tagwasha was later summoned to Headman Nyamaropa’s community court, where Saziwa was accusing him of failing to settle the $170 outstanding balance.


The court ordered him to pay up, and he complied by paying US$100.


“Now, he wants another US$70, yet I spent US$150 repairing the motorbike. This is unfair.


“He should have let me use that US$150 balance to repair the motorbike. I think that is the reason he sold me the bike at night. He knew that it had a lot of mechanical defects,” argued Tagwasha.


In his defence, Saziwa dismissed claims that Tagwasha’s wife was involved in the negotiation, insisting it was a direct agreement between the two men.


He also claimed that the motorbike was in good condition when he sold it.


“When I gave him my motorbike, it was perfectly fine except for the front wheel which is why I reduced the price to US$670 from US$700 as a goodwill gesture. He still owes me US$70.


“The only reason I sold it was because it was too fast for me. I crashed with the motorbike several times and feared for my life. I am also demanding US$70 on top of his balance as court costs,” said Saziwa.


The case took an interesting turn as Tagwasha admitted using the motorbike for five months without a licence, despite claiming that it had mechanical defects.


Chief Saunyama ruled in Saziwa’s favour, and told Tagwasha that his lack of timely action had landed him in soup.


“It is now five months since you bought this motorbike. You cannot come here and demand your money back after using it all along.


“If you realised that the motorbike was defective, you should have returned it the following day. By now, I believe you have made enough money with it to even buy a new one.


“Besides, you are operating that motorbike without a licence, while putting people’s lives at risk. The next time you come before this court, you need to produce your licence,” ruled Chief Saunyama.


The court ordered Tagwasha to pay Saziwa US$140, which includes the US$70 balance and an additional US$70 in court costs.

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