Zvikomborero Parafini
Cement manufacturer PPC Zimbabwe and one of its employees are set to face a legal battle over an undelivered 330-tonne consignment.
The High Court has revived a lawsuit brought against them by a local hardware firm.
Last Thursday, Justice Bongani Ndhlovu granted a chamber application by Erksales Hardware to reinstate case HCBC953/25, returning the matter to the court roll after it was previously dismissed.
The dispute centres on 6,600 bags of 50kg cement – equivalent to 11 truckloads – valued at US$72,600 at current market prices. Erksales Hardware, also referred to in court papers as Erksales Holdings, claims it paid in full for the consignment last year through a PPC sales agent, but the goods were never delivered.
In the court application, PPC Zimbabwe is cited as the first respondent, while its employee, Nicole Botha, is named as the second respondent.
The legal tussle previously stalled when Erksales Hardware’s initial application for compensation was dismissed following opposition from Botha.
However, a High Court notice dated October 20 confirmed that Botha subsequently withdrew her opposition to the matter being reinstated.
Ruling on the fresh application, Justice Ndhlovu paved the way for the substantive case to be heard.
“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,” the judge ruled.
With the matter back on the roll, PPC Zimbabwe and Botha will now be required to formally mount their defence in court.
Erksales is represented by Mashayamombe and Company. Moyo and Nyoni Legal Practitioners are acting for PPC, while Calderwood, Bryce Hendry and Partners represent Botha.
The lawsuit comes after PPC faced a similar legal challenge in July this year from another company, Tri Oceans.
That dispute was eventually resolved through an out-of-court settlement.
