News / National
Obert Mpofu's company dragged to court
28 Aug 2017 at 08:00hrs | Views
Total Zimbabwe (Private) Limited (Total) has dragged Macro-Economic Planning and Investment Promotion minister Obert Mpofu's company Khanondo Safaris to the High Court demanding $31 000 for diesel supplied to the firm.
According to summons filed on August 17, the parties had a credit agreement, which they entered into in October 2013. In terms of the agreement, Total was supposed to supply diesel to Khanondo Safaris on credit and was supposed to pay for the supply upon receipt of an invoice.
"Plaintiff (Total) supplied diesel to defendant (Khanondo Safaris) and an invoice was raised in the sum of $52 000 and same was presented to defendant for payment.
"On the 31st of August 2014, defendant made a payment of $20 001 to plaintiff as part payment to the debt, leaving a balance of $31 999," the court heard.
According to the summons, Khanondo Safaris has failed to pay the balance to date, and has reportedly breached the terms of the contract, which led to the legal proceedings.
"A sum of $31 999 being an amount that is due and owing to plaintiff arising from a credit agreement that was entered into between plaintiff and defendant wherein plaintiff delivered diesel to defendant upon defendant's request and an invoice was raised to that effect of which defendant has refused to settle despite demand, hence breaching the contract.
"Defendant breached the contract by refusing to pay for the fuel in terms of the credit agreement and the appropriate remedy in the circumstances is specific performance that is for the defendant to pay for the supplied fuel," the court heard.
Total is now demanding the full amount of the balance and interest prescribed from the date of summons to the date of full payment. The company is also demanding collection fees and the cost of the suit.
Khanondo Safaris has not yet respondent to the application, which is still pending before the High Court.
According to summons filed on August 17, the parties had a credit agreement, which they entered into in October 2013. In terms of the agreement, Total was supposed to supply diesel to Khanondo Safaris on credit and was supposed to pay for the supply upon receipt of an invoice.
"Plaintiff (Total) supplied diesel to defendant (Khanondo Safaris) and an invoice was raised in the sum of $52 000 and same was presented to defendant for payment.
"On the 31st of August 2014, defendant made a payment of $20 001 to plaintiff as part payment to the debt, leaving a balance of $31 999," the court heard.
According to the summons, Khanondo Safaris has failed to pay the balance to date, and has reportedly breached the terms of the contract, which led to the legal proceedings.
"A sum of $31 999 being an amount that is due and owing to plaintiff arising from a credit agreement that was entered into between plaintiff and defendant wherein plaintiff delivered diesel to defendant upon defendant's request and an invoice was raised to that effect of which defendant has refused to settle despite demand, hence breaching the contract.
"Defendant breached the contract by refusing to pay for the fuel in terms of the credit agreement and the appropriate remedy in the circumstances is specific performance that is for the defendant to pay for the supplied fuel," the court heard.
Total is now demanding the full amount of the balance and interest prescribed from the date of summons to the date of full payment. The company is also demanding collection fees and the cost of the suit.
Khanondo Safaris has not yet respondent to the application, which is still pending before the High Court.
Source - dailynews
