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PPC to defend US$72,600 cement non-delivery lawsuit after High Court ruling
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CEMENT manufacturing giant PPC Zimbabwe is set to defend a US$72,600 lawsuit after the High Court reinstated a case brought by a hardware company over the alleged non-delivery of 330 tonnes of cement purchased last year.
High Court judge Justice Bongani Ndhlovu last Thursday granted an application by Erksales Hardware to reinstate the matter, which had previously been removed from the court roll.
Erksales Hardware alleges that it paid in full for 11 truckloads of cement through a PPC sales agent but never received the consignment, comprising 6,600 bags of 50kg cement.
PPC Zimbabwe is cited as the first respondent in the case, while its employee, Nicole Botha, is named as the second respondent.
In his ruling, Justice Ndhlovu granted the company's application to have the matter restored to the court roll.
"Whereupon after reading documents filed of record, it is ordered that:
1. The application for reinstatement of case HCBC953/25 be and is hereby granted.
2. There is no order as to costs," Justice Ndhlovu ruled.
A High Court notice dated October 20 confirmed that Botha had withdrawn her opposition to the application for reinstatement.
The disputed cement consignment is valued at approximately US$72,600 at current market prices.
According to court documents, Erksales Hardware initially approached the High Court seeking compensation after PPC allegedly failed to deliver the cement despite receiving payment.
However, the matter was removed from the court roll following legal proceedings in which Botha opposed the application.
Erksales subsequently applied for reinstatement, resulting in Justice Ndhlovu's latest ruling.
The decision clears the way for the substantive dispute to proceed before the courts, where PPC Zimbabwe and Botha will have an opportunity to respond to the allegations.
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 latest legal battle follows another dispute involving PPC Zimbabwe in July this year, when a company identified as Tri Oceans took the cement manufacturer to court over a similar matter.
That dispute was eventually resolved through an out-of-court settlement.
The allegations against PPC Zimbabwe and Botha remain unproven, and the High Court's reinstatement order does not constitute a finding of liability.
High Court judge Justice Bongani Ndhlovu last Thursday granted an application by Erksales Hardware to reinstate the matter, which had previously been removed from the court roll.
Erksales Hardware alleges that it paid in full for 11 truckloads of cement through a PPC sales agent but never received the consignment, comprising 6,600 bags of 50kg cement.
PPC Zimbabwe is cited as the first respondent in the case, while its employee, Nicole Botha, is named as the second respondent.
In his ruling, Justice Ndhlovu granted the company's application to have the matter restored to the court roll.
"Whereupon after reading documents filed of record, it is ordered that:
1. The application for reinstatement of case HCBC953/25 be and is hereby granted.
2. There is no order as to costs," Justice Ndhlovu ruled.
A High Court notice dated October 20 confirmed that Botha had withdrawn her opposition to the application for reinstatement.
According to court documents, Erksales Hardware initially approached the High Court seeking compensation after PPC allegedly failed to deliver the cement despite receiving payment.
However, the matter was removed from the court roll following legal proceedings in which Botha opposed the application.
Erksales subsequently applied for reinstatement, resulting in Justice Ndhlovu's latest ruling.
The decision clears the way for the substantive dispute to proceed before the courts, where PPC Zimbabwe and Botha will have an opportunity to respond to the allegations.
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 latest legal battle follows another dispute involving PPC Zimbabwe in July this year, when a company identified as Tri Oceans took the cement manufacturer to court over a similar matter.
That dispute was eventually resolved through an out-of-court settlement.
The allegations against PPC Zimbabwe and Botha remain unproven, and the High Court's reinstatement order does not constitute a finding of liability.
Source - Byo24News
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