ARVIND NAYER

versus

ROLLEM MOTORS (PVT) LTD

t/a KENSINGTON SERVICE STATION

HIGH COURT OF ZIMBABWE

CHITAKUNYE & NDEWERE JJ

HARARE, 9 March 2017 & 27 June 2018

Civil Appeal

Appellant in person  

Respondent in default   

            NDEWERE J: On 17 September, 2013, the appellant bought 41.3 litres of petrol for $63 from the respondents, who were trading as Kensington Service Station for his Mazda 3 vehicle, registration number ABM 9742. Two days later, his motor vehicle started jerking and lost transmission. He called Hino Zimbabwe who towed the vehicle to their garage. On 28 September, 2013, they drained fuel from the car, cleaned the fuel tank, changed the fuel pump and fuel filter and put new fuel. After that, the car performed well.

            The appellant approached the respondent thereafter and accused them of selling him contaminated fuel. He sought damages from them. The respondents disputed the claim and said their tanks had been checked by Total Zimbabwe and found to be clean so the contamination was not from fuel they dispensed from their tanks.

            On 23 October, 2013, the appellant, as plaintiff in the court a quo, instituted a claim for $739 damages. He said the $739 was the total damages incurred as a result of buying contaminated fuel from the respondent. The respondent, as defendant in the court a quo, filed its plea on 11 November, 2013. It disputed the claim. The matter was referred to trial. At the conclusion of the trial, the court a quo dismissed the appellant’s claim with costs on the ordinary scale on 24 February, 2014.

            On 12 March, 2014, the appellant noted an appeal against the magistrate’s decision. His grounds of appeal were as follows: