A lawyer has moved to a small claims court seeking over Sh100,000 he incurred as losses from a car dealer for failing to sell him a Mercedes Benz as agreed.
Shadrack Wambui claims that on August 5, 2023, Croton Motors Limited acting as the agent of Nellie Mumbi who is the registered owner of the Mercedes Benz received a deposit of Sh200,000 following an oral agreement of sale with him.
He says he made a deposit of Sh200,000 at 11:10 AM to the car dealer's bank account as was made known and available to him by its agent following costly and extensive consultations.
"Then Applicant’s insistence that the balance for the sale being Sh1.7 million was to be made following a tripartite agreement between the parties herein, the Croton Motors called him 8 hours later on or about 1800 hours and unilaterally decided to cancel the sale of the motor vehicle in issue on excuses that another fictitious buyer had made a deposit on it through RTGS two minutes before the Applicant," Wambui says in court documents.
He argues that at around 1900 hours, Croton Motors reimbursed him the Sh 200,000 signifying the cancellation of the oral agreement for the sale.
The petitioner accuses Croton Motors of ignoring that he had incurred so many costs amounting to Sh 113,842 inter alia being monies paid to the two experts engaged to offer their professional opinion sought to diagnose the vehicle.
He now wants the court to issue a temporary restraining order preventing the dealer from selling, disposing of, transferring, or removing the vehicle from Croton Motors showroom at Karen Motor or in any other manner dealing with the vehicle in issue.
The lawyer says the Respondents either singularly or jointly connived to frustrate his deliberate steps to acquire a good title over the Mercedes Benz.
He accused them of luring him to incur losses amounting to Sh 113,842 while they ought to have known that another fictitious buyer had made a deposit two minutes before him.
"Unless this Court issues an injunction stopping the transfer and/or sale of the motor vehicle in question and/or compels the Respondent to deposit into the court a security of the monies herein demanded, the Applicant will run the risk of obtaining unenforceable decree against the Respondents," he states.
He adds that the suit is filed not only to guarantee him justice and fairness but also made in the protection of the great public interest.
He said this is to discourage tendencies of greed and dishonesty amongst the many unscrupulous motor vehicle dealers whose desire in business is to make profits at all costs regardless of the violation of others' rights and loss of time and resources
