News / National
Ginyilitshe company sued for over $27 200 damages
11 May 2017 at 06:28hrs | Views
Ginyilitshe Enterprises (PVT) Limited has been sued for over a total of over $27 200 owed in damages and cost of mine set up in which the two parties are in a heated legal wrangle.
MacDonald Bricks sued Ginyilitshe Enterprises demanding a payment of $27 240 for damages and mine set up costs owed by Ginyilitshe.
Walter Zimunya for the applicant said MacDonald issued summons against Ginyilitshe Enterprise for relief after the two parties entered into a clay exploration agreement, where Ginyilitshe Enterprise purporting to own clay claims on Gwayi River and offered to let MacDonald Bricks mine.
It said this was in terms of their agreement that MacDonald Bricks would pay Ginyilitshe $10 000 as deposit and prepayment for clay to be extracted. The payment was to be made before mining commenced. Applicant duly paid the required $10 000 by May 2015.
The applicant would be allowed access to the claims and subsequently mining of the claim after the payment.
In the event such access was to be denied, that would constitute a breach of the contract agreement allowing applicant to cancel the agreement.
Zimunya said MacDonald Bricks started mining and that was when it discovered that the mining claim in fact belonged to Ginhole Investment Private Limited which blocked the company from mining.
He said the denied access amount to a breach of agreement and the applicant was entitled to cancel the agreement and a refund of $10 000 together with damages for mine set up.
He said the company sustained damages in the sum of $17 240 particolored in the sum of $11 520 being payment for a Dozer, $4 770 being payment for hire of low bed trailer, $630 being travel expenses advances and $320 to relevant authorities.
MacDonald Bricks sued Ginyilitshe Enterprises demanding a payment of $27 240 for damages and mine set up costs owed by Ginyilitshe.
Walter Zimunya for the applicant said MacDonald issued summons against Ginyilitshe Enterprise for relief after the two parties entered into a clay exploration agreement, where Ginyilitshe Enterprise purporting to own clay claims on Gwayi River and offered to let MacDonald Bricks mine.
It said this was in terms of their agreement that MacDonald Bricks would pay Ginyilitshe $10 000 as deposit and prepayment for clay to be extracted. The payment was to be made before mining commenced. Applicant duly paid the required $10 000 by May 2015.
The applicant would be allowed access to the claims and subsequently mining of the claim after the payment.
In the event such access was to be denied, that would constitute a breach of the contract agreement allowing applicant to cancel the agreement.
He said the denied access amount to a breach of agreement and the applicant was entitled to cancel the agreement and a refund of $10 000 together with damages for mine set up.
He said the company sustained damages in the sum of $17 240 particolored in the sum of $11 520 being payment for a Dozer, $4 770 being payment for hire of low bed trailer, $630 being travel expenses advances and $320 to relevant authorities.
Source - Byo24News
