CBL governor sued over deal

In Local News, News
November 03, 2010

MASERU — Central Bank of Lesotho (CBL) governor Moeketsi Senaoana is being sued by his brother-in-law over a car loan deal that went sour, the Lesotho Times can reveal.

Mokhachane Makoanyane, whose sister is married to Senaoana, filed his suit in the High Court this week in a case that is likely to cast aspersions on the governor’s integrity. 

He says in June 2001 he approached Senaoana to help him get credit to buy a car in South Africa.

The court papers say Senaoana agreed to use his South African identity card to get credit from Wesbank to buy the 2000 Land Rover Freelander V6 vehicle for Makoanyane.

The total price of the car was M432 917.95 and the agreement was that every month Makoanyane would deposit money into Senaoana’s Standard Bank account held at the Ellis Branch in South Africa.

Senaoana, the agreement said, would then remit the money to Wes-

bank, the credit provider.

Makoanyane claims that he paid the deposit of M30 000 and then M388 490 in instalments.

All the while Makoanyane was using the vehicle but because of the loan arrangement it remained in Senaoana’s name.  

The court papers say the deal however went sour in April 2006 when Senaoana allegedly falsely told Makoanyane that Wesbank, the credit provider, wanted to repossess the vehicle because he had failed to pay the instalments for the loan in full.

Makoanyane said Senaoana’s claims were “false, dishonest and fraudulent” because “he knew that the vehicle had been paid in full”.

He claims that Senaoana had misrepresented to him that Wesbank wanted to repossess the vehicle.

He claims that as a result of Senaoana’s explanation he surrendered the car to him.

This was despite the fact that Wesbank had also written a letter explaining that the vehicle had been paid in full.

“Had the plaintiff (Makoanyane) known these facts (that the vehicle had been paid), he would not have released the vehicle in issue to the defendant,” the court papers say. 

The only reason he released the vehicle, Makoanyane claims, was because of Senaoana’s “false, dishonest and fraudulent misrepresentation”.

He said Senaoana then gave the vehicle to a Kwambe in South Africa.

Makoanyane claims that because of Senaoana’s actions he suffered damages worth M432 917, 95, the total amount that he paid for the car.

He is also demanding compensation for punitive damages for Senaoana’s “false, dishonest and fraudulent conduct”.

He said his efforts to resolve the matter through arbitration had failed because Senaoana has “unreasonably refused” to pay him the money he owes.

“Despite repeated written and verbal demand defendant ignores, refuses and/or ignores to pay the plaintiff”.

Makoanyane also wants the governor to pay an 18.5 percent interest on the amount that he is claiming.

He also wants Senaoana to pay the cost of suit.

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