News / Regional
Businessman, Mohammed Esat, sued over $84 000 debt
29 May 2017 at 06:58hrs | Views
PROMINENT Bulawayo businessperson Ahmed Mohammed Esat has been dragged to court for failing to settle an $84 000 owed to counterpart, Michele Filanino.
In an application filed at the Bulawayo High Court on May 18, Filanino submitted that some few years ago, Esat borrowed $174 350 and later paid back part of the debt, leaving a balance of $84 000.
"Of the amount due and owing, respondent has paid the sum of $89 850 leaving an outstanding balance of $84 500. By way of letter dated October 4, 2014 my legal practitioners made demand that the respondent pay the prescribed sum.
Thereafter, the respondent approached my lawyers and made an oral undertaking to pay the prescribed sum. Despite such oral undertaking, no payment was made," he submitted.
"My lawyers then instituted proceedings. The summons in the case was served on November 2, 2016 and the defendants have entered appearance to defend, but are yet to file a plea on the merits."
Filanino added that at one time, Esat signed a written acknowledgement of debt in terms of which he acknowledged his indebtedness to him in the sum of $84 500 and undertook to repay the amount in monthly payments of $2 500.
"Despite such undertaking, he has failed, refused or neglected to pay any amount," Filanino submitted. "It is my respectful submission that the defendant has no bona fide or prima facie defence to the plaintiff's claim or indeed at all as he acknowledged his indebtedness."
He prayed for a summary judgment compelling Esat to pay back the money.
Esat is yet to respond to the application.
In an application filed at the Bulawayo High Court on May 18, Filanino submitted that some few years ago, Esat borrowed $174 350 and later paid back part of the debt, leaving a balance of $84 000.
"Of the amount due and owing, respondent has paid the sum of $89 850 leaving an outstanding balance of $84 500. By way of letter dated October 4, 2014 my legal practitioners made demand that the respondent pay the prescribed sum.
Thereafter, the respondent approached my lawyers and made an oral undertaking to pay the prescribed sum. Despite such oral undertaking, no payment was made," he submitted.
"My lawyers then instituted proceedings. The summons in the case was served on November 2, 2016 and the defendants have entered appearance to defend, but are yet to file a plea on the merits."
Filanino added that at one time, Esat signed a written acknowledgement of debt in terms of which he acknowledged his indebtedness to him in the sum of $84 500 and undertook to repay the amount in monthly payments of $2 500.
"Despite such undertaking, he has failed, refused or neglected to pay any amount," Filanino submitted. "It is my respectful submission that the defendant has no bona fide or prima facie defence to the plaintiff's claim or indeed at all as he acknowledged his indebtedness."
He prayed for a summary judgment compelling Esat to pay back the money.
Esat is yet to respond to the application.
Source - newsday
