Africa-Press – Uganda. Stompy Mwendwa, a Kenyan national, says he was elated when he believed he had found the right dealer and company to import his dream car from South Africa in 2022. However, to date, he says the car has never arrived. The dealer and his company have reportedly proven to be elusive despite Mr Mwendwa paying the full amount.
On December 22, Mr Mwendwa, through his lawyers M/S Lunar Advocates sued Harold Joseph Lwanga and his company Harold Oceanz SMC Ltd, asking the court to make several directives.
In court documents seen,Mr Mwendwa asks court to declare that there is a binding contractual relationship between him and Mr Lwanga and his company. He also wants the court to declare that Mr Lwanga and his company have breached a contract they had with him.
He has also asked court to compel Mr Lwanga and his company to refund his Shs195m, pay special and general damages and also to impose interest.
This publication, on January 24, contacted Mr Lwanga, who confirmed knowledge of the issue with Mr Mwendwa. He requested several meetings in Entebbe and Kampala to explain his side of the story, but didn’t honour the same. On January 30, he told us that he would only respond to Mr Mwendwa’s case in court.
What happened
The PRESS has obtained copies of documents in which Mr Mwendwa makes money transfers to Mr Lwanga. For example, on June 15, 2023, Mr Mwendwa made a swift transfer of $32,500 (Shs126.9m).
Mr Mwendwa says his ordeal started sometime in 2022 when he made a verbal agreement with Mr Lwanga for the purchase of a Range Rover Sport HSE 2019/20 model through Mr Lwanga’s company. Mr Lwanga and Mr Mwendwa agreed that a deposit would be made and the balance paid after the delivery of the said motor vehicle.
Mr Mwendwa and Mr Lwanga agreed that the car would cost $47,500 (Shs185.5m). Because they were in different countries, the duo agreed that a written agreement would be executed upon Mr Mwendwa’s arrival at Harold Oceanz SMC Ltd offices in Kampala.
This publication has obtained a copy of the September 23, 2022 “sales invoice” and attendant evidence in which Mr Mwendwa paid Harold Oceanz SMC Ltd $5,000 (Shs19.5m) as deposit on the motor vehicle.
Subsequently, Mr Mwendwa transferred $500 (Shs1.9m), $9,500 (Shs37.1m) and $2,000 (Shs7.8m) on September 30, 2022, October 24, 2022 and March 30, 2023 respectively through Standard Chartered Bank.
Having made substantial deposits of $17,500 (Shs68.3) towards the purchase, Mr Mwendwa, through email, requested Mr Lwanga to confirm receipt of the deposit, which, per court documents, Mr Lwanga did.
Mr Mwendwa, according to an email seen by this reporter, further requested Mr Lwanga for information as to when the motor vehicle would be delivered but never got feedback.
In June last year, Mr Mwendwa travelled to Uganda to follow up on the intended transaction having pushed for the delivery of the vehicle in vain.
On June 14, 2023, Mr Mwendwa entered into a vehicle purchase order agreement with Mr Lwanga and his company.
In the agreement, a copy of which the press has seen, the parties agreed that Mr Lwanga, through his company, would import a Range Rover Sport HSE 2019/20 model.
On top of what had already been paid, on June 15, 2023, Mr Mwendwa made a payment of $32,500 (Shs126.9m) to Harold Oceanz SMC Ltd account (9030020328737) in Stanbic Bank Uganda Ltd.
Under Clause C of their agreement, the parties agreed that Mr Mwendwa may after full payment collect the vehicle from Harold Oceanz SMC Ltd premises or through a third party.
Mr Mwendwa has told court that Mr Lwanga and his company have cost him loss of more than $75,000 (Shs293m). He also claims Mr Lwanga and his company’s actions have caused him “great inconvenience and suffering”, which they should compensate for through an award of damages.
“The plaintiff shall aver and contend that despite several demands for the first [Lwanga] and second [Harold Oceanz SMC Ltd] defendants to deliver the motor vehicle or refund the purchase price, the 1st and 2nd defendants have failed, refused and or neglected to effect the same hence this action,” court documents show.
In a written statement of defence, filed in the High Court on February 6, Mr Lwanga, through his lawyers of E Wamimbi Advocates and Solicitors, admits that Mr Mwendwa made the payment for the car in the original agreement. But upon payment of the agreed purchase consideration, Mr Mwendwa “changed his mind and preferred to have a motor vehicle of make Range Rover Sport HSE 2022 model, which is valued at $75,000 following the new agreement.”
Mr Lwanga and his company deny all the other allegations by Mr Mwendwa.
They instead say the Range Rover 2022 model, which they claim Mr Mwendwa wants, is available and ready for delivery if Mr Mwendwa pays an extra Shs99.2m on top of what he has already paid.
Mr Mwendwa has, however, rejected the proposal and says his lawyers have already responded.
For More News And Analysis About Uganda Follow Africa-Press
