A city lawyer has filed a small claims court lawsuit against a car dealer for 100,000 shillings for failing to sell him a Mercedes Benz as agreed.
According to lawyer Shadrack Wamboi, the case is being brought in the public interest to discourage greed and dishonesty among the many unscrupulous motor vehicle dealers whose desire in business is to make profits at any cost, regardless of the violation of others’ rights or the loss of time and resources.
In the court documents, Shadrack claims that he deposited 200,000 shillings on the 5th of August in the Croton Motors Equity bank account after paying for expensive and in-depth consultations with two Mercedes Benz experts and conducting background checks with the help of another independent car dealer at a significant cost for the service.
He asserts that the 1.7 million shilling remaining on the sale was to be paid after the parties reached a tripartite agreement. He claims, however, that Croton Motors called him 8 hours later and unilaterally decided to cancel the sale of the vehicle, saying that another buyer had made a deposit on it through RTGS two minutes before him.
“THAT at around 1900 hours the 1st Respondent reimbursed the Applicant the 200,000 shillings signifying the cancellation of the oral agreement for the sale ignoring that the
“Applicant had incurred so many costs totaling 113,842 shillings being monies paid to the two experts engaged to offer their professional opinion sought to diagnose the vehicle, inspect it, and approve its fitness for purpose costs for the search and due diligence conducted prior to the making of the deposit made and transactional costs incurred by the applicant,” reads court papers.
He now wants the court to issue a temporary restraining order preventing the dealer from selling, disposing of, transferring, or removing the vehicle from the 1st Respondent’s showroom at Karen Motor or in any other manner dealing with the vehicle in issue under registration number KCC 299J.
