News / National
Zinwa drags Zanu-PF MP to court over $18,000 water bill
14 Nov 2015 at 08:29hrs | Views
Zanu-PF Dzivaresekwa MP Omega Hungwe has been dragged to the High Court by the Zimbabwe National Water Authority (Zinwa) after she failed to settle an $18 000 water bill.
The parliamentarian entered into an agreement with Zinwa for water supplies for her farming activities.
"Pursuant to this agreement, the defendant (Hungwe) consumed various quantities of water supplied by the plaintiff (Zinwa). The plaintiff issued invoices but the defendant in breach of the agreement failed to pay each invoice in full," Zinwa, which is represented by lawyers from Chirenje Legal Practitioners, argued in court papers.
According to the two parties' agreement, Hungwe was supposed to pay for the water within 30 days of her being presented with an invoice indicating the water charge for a given period.
The agreement further stated that a failure by Hungwe to pay the amount within 30 days attracted a 4,5 percent interest at the rate of 22,5 percent per annum.
Zinwa said it issued invoices but Hungwe failed to meet her side of the bargain.
"In breach of the agreement, the defendant has failed and or neglected to make due and punctual payment for the cost of the water sold and delivered to her," the court heard.
Zinwa argued that because of the breach, it had been forced to incur unnecessary legal costs to recover a total of $18 133,96.
Hungwe, through her lawyers from Mahuni and Mutatu Legal Practitioners, denied Zinwa's claim in toto.
"The defendant will state that she did not consume any quantities of water as alleged by the plaintiff. Thus, the defendant has not defaulted or neglected to make due payment of the cost of any water sold and delivered by the plaintiff as defendant has not reneged on her obligations pursuant to the agreement between the parties," she argued.
She further said that Zinwa had no justification to institute legal action against her because she had not breached any of her obligations in terms of the agreement subsisting between the parties.
"As such, the defendant has thus not neglected or failed to pay upon demand any sum due to the plaintiff," she said.
The matter will be heard on November 25 before the High Court.
The parliamentarian entered into an agreement with Zinwa for water supplies for her farming activities.
"Pursuant to this agreement, the defendant (Hungwe) consumed various quantities of water supplied by the plaintiff (Zinwa). The plaintiff issued invoices but the defendant in breach of the agreement failed to pay each invoice in full," Zinwa, which is represented by lawyers from Chirenje Legal Practitioners, argued in court papers.
According to the two parties' agreement, Hungwe was supposed to pay for the water within 30 days of her being presented with an invoice indicating the water charge for a given period.
The agreement further stated that a failure by Hungwe to pay the amount within 30 days attracted a 4,5 percent interest at the rate of 22,5 percent per annum.
Zinwa said it issued invoices but Hungwe failed to meet her side of the bargain.
Zinwa argued that because of the breach, it had been forced to incur unnecessary legal costs to recover a total of $18 133,96.
Hungwe, through her lawyers from Mahuni and Mutatu Legal Practitioners, denied Zinwa's claim in toto.
"The defendant will state that she did not consume any quantities of water as alleged by the plaintiff. Thus, the defendant has not defaulted or neglected to make due payment of the cost of any water sold and delivered by the plaintiff as defendant has not reneged on her obligations pursuant to the agreement between the parties," she argued.
She further said that Zinwa had no justification to institute legal action against her because she had not breached any of her obligations in terms of the agreement subsisting between the parties.
"As such, the defendant has thus not neglected or failed to pay upon demand any sum due to the plaintiff," she said.
The matter will be heard on November 25 before the High Court.
Source - dailynews
