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US$72k cement dispute heads back to court after respondent withdraws opposition
20 hrs ago |
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BULAWAYO - A High Court case in which cement manufacturer PPC Zimbabwe is accused of failing to deliver 330 tonnes of cement despite receiving full payment is set to return to court after one of the respondents withdrew opposition to the matter's reinstatement.
Justice Bongani Ndhlovu is expected to rule on November 6 on an application by Erksales Hardware to have the matter reinstated after it was previously removed from the court roll.
PPC Zimbabwe is cited as the first respondent, while one of its employees, Nicole Botha, is cited as the second respondent.
According to a High Court notice dated October 20, Botha has withdrawn her notice of opposition to the reinstatement application.
"Take notice that the second respondent has withdrawn its notice of opposition with each party bearing its own costs," reads part of the notice.
The dispute, registered under case number HCBC835/26, centres on allegations by Erksales Hardware that PPC Zimbabwe failed to deliver 11 truckloads of cement weighing 30 tonnes each despite allegedly receiving full payment for the consignment last year.
The cement is valued at approximately US$72,600 at current market prices.
According to court documents, the cement was allegedly purchased through a PPC sales representative but was never delivered.
Erksales Hardware subsequently sought compensation through the courts, but the matter was initially dismissed after opposition by the respondents.
The company then filed an application seeking reinstatement of the case.
Should Justice Ndhlovu grant the reinstatement application, PPC Zimbabwe and Botha will be required to answer the allegations during subsequent court proceedings.
Erksales Hardware is represented by Mashayamombe and Company, while PPC Zimbabwe is represented by Moyo and Nyoni Legal Practitioners. Botha is represented by Calderwood, Bryce Hendry and Partners.
The allegations remain disputed and have not yet been tested before the court.
The development comes months after another company, Tri Oceans, reportedly pursued legal action against PPC Zimbabwe in a separate matter before the parties reached an out-of-court settlement.
Justice Bongani Ndhlovu is expected to rule on November 6 on an application by Erksales Hardware to have the matter reinstated after it was previously removed from the court roll.
PPC Zimbabwe is cited as the first respondent, while one of its employees, Nicole Botha, is cited as the second respondent.
According to a High Court notice dated October 20, Botha has withdrawn her notice of opposition to the reinstatement application.
"Take notice that the second respondent has withdrawn its notice of opposition with each party bearing its own costs," reads part of the notice.
The dispute, registered under case number HCBC835/26, centres on allegations by Erksales Hardware that PPC Zimbabwe failed to deliver 11 truckloads of cement weighing 30 tonnes each despite allegedly receiving full payment for the consignment last year.
The cement is valued at approximately US$72,600 at current market prices.
According to court documents, the cement was allegedly purchased through a PPC sales representative but was never delivered.
Erksales Hardware subsequently sought compensation through the courts, but the matter was initially dismissed after opposition by the respondents.
The company then filed an application seeking reinstatement of the case.
Should Justice Ndhlovu grant the reinstatement application, PPC Zimbabwe and Botha will be required to answer the allegations during subsequent court proceedings.
Erksales Hardware is represented by Mashayamombe and Company, while PPC Zimbabwe is represented by Moyo and Nyoni Legal Practitioners. Botha is represented by Calderwood, Bryce Hendry and Partners.
The allegations remain disputed and have not yet been tested before the court.
The development comes months after another company, Tri Oceans, reportedly pursued legal action against PPC Zimbabwe in a separate matter before the parties reached an out-of-court settlement.
Source - Byo24News
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