adminplant and construction equipment it hired from the company.
However, Twalumba Holdings has dismissed the claim saying it was a dispute over the amount it owed Pesket Services.
Pesket Services in its declaration averred that on June 28, 2010 it entered into an agreement in which it hired out a D9 bulldozer to Twalumba Holdings.
In terms of the agreement, Twalumba Holdings was billed US$38 465.
Pesket Services through their lawyer G Machingambi submitted that at the inception of the contract, Twalumba Holdings paid a total deposit of US$23 000 leaving a US$15 465 balance.
On July 6, 2010 Pesket Services and Twalumba Holdings entered into another written agreement.
Under the agreement it is averred that Twalumba Holdings hired plant and equipment, a 140G grader, a tipper (10 cubic) and a 12 000 water bowser for US$50 417, 75.
“Plaintiff duly invoiced the defendant for the hire of the equipment through its various invoices all for the total sum of US$50 417, 75 under the written contract of July 6 aforesaid,” Pesket Services submitted.
After applying US$15 465 owed to Pesket Services under the first agreement between the parties, Twalumba Holdings still owed a balance of US$34 952,75.
In June and July 2010 it is further averred that on two separate occasions Twalumba Holdings hired a 140G grader for US$16 398.
“Save for payment of a deposit of US$5 000 on these agreements, defendant has failed and refused to make any further payments to the plaintiff and remains indebted in the sum of US$11 398. The defendant is thus indebted to the plaintiff in the total sum of US$46 350, 75 made up as follows: the sum of US$34 952 due by the defendant under the first contract and US$11 398 due under the second contract and third oral agreements,” Pesket Service said.
Pesket Services averred that despite a final written demand dated December 10, 2010 Twalumba Holdings has failed and refused or neglected to pay the amount due.
However, Twalumba Holdings through their lawyers Sinyoro and Partners denied the claims and urged the court to dismiss the application with costs.
“The defendant avers that it performed certain work for plaintiff (Pesket) at plaintiffs special request and instance payment for which is overdue and owing by plaintiff to defendant (Twalumba Holdings) and whose effect is to offset the sum due to plaintiff as per summons leaving US$22 237.75, which is admitted and is hereby tendered in full and final settlement,” Twalumba Holdings submitted.
Justice Tedius Karwi will hear the case, which has been referred to trial. According to a pre-trial conference minute the court will consider whether Twalumba Holdings is indebted to Pesket Services.
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