LILONGWE-(MaraviPost)-The High Court in Lilongwe has reserved its ruling in a legal battle between Zimbabwean businessman Nesbert Mukora and Malawian entrepreneur Yollam Kawanga over ownership of a Toyota Land Cruiser (registration number LT07MGGP), which is suspected to have been stolen in South Africa before being sold in Malawi.
The case was heard in a closed-door session before Judge Simeon Mdeza on Wednesday.
Mukora, who owns a luxury car hire company in Zimbabwe, is challenging a September court decision that allowed Kawanga to continue using the disputed vehicle.
Speaking to journalists after the hearing, Mukora’s lawyer Khwima Mchizi argued that the court order transferring the vehicle to Kawanga was irregularly obtained, as his client was not served with summons.
He said:“The order that was used to obtain the vehicle from the Malawi Police was irregular because my client was never served. The best course of action is to return the vehicle to police custody, where both parties’ interests can be safeguarded pending final determination.”
On his part, Kawanga’s lawyer Gift Katundu urged the court to dismiss Mukora’s application for a stay of execution, arguing that it lacks merit and should be dismissed with costs.
Kawanga insisted he is an innocent buyer, saying he purchased the SUV from Jolene Margaret Janse Van Vuuren, a South African national, in April this year for K168 million.
He said before completing the transaction, the vehicle was taken to the Interpol Desk at the Malawi Police Service Headquarters, where checks reportedly confirmed it was not listed as stolen anywhere in the world.
While Mukora, claimed the vehicle was stolen from him in South Africa by the same woman before it was smuggled into Malawi and sold.
The court is expected to announce its ruling on the matter soon.
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