adminMashudu Netsianda Senior Court Reporter
THE High Court in Bulawayo has ordered the Zimbabwe Football Association (Zifa) to pay Holiday Inn more than $11,000 in unpaid hotel bills incurred five years ago.The ruling by Justice Maxwell Takuva on Friday follows a court application for summary judgment filed by Holiday Inn last month after Zifa had failed to settle $11,521 for accommodation and food for its members who were booked at the hotel sometime in 2009.
However, Zifa through Sansole and Senda Legal Practitioners, had entered an appearance to defend, arguing the football body had paid the debt.
According to court papers, Holiday Inn is the applicant while Zifa was cited as the respondent in the matter.
Justice Takuva in his ruling granted the order in favour of Holiday Inn.
“It’s ordered that respondent pays applicant the sum of $11,521 being the money owed for catering and accommodation services provided to respondent,” he said.
Justice Takuva also ordered Zifa to pay the money with interest at the prescribed rate from the date it fell due to the date of full and final payment.
The order also states that Zifa should also meet the legal costs incurred by Holiday Inn.
“The respondent should pay cost of suit at an attorney client scale,” ruled Justice Takuva.
In his founding affidavit, Holiday Inn accountant, Francis Ngonidzashe Manganga, stated that for the period the Zifa delegation spent at the hotel, an invoice amounting to $11,521,85 in accommodation and food bills was raised.
“The respondent sometime in 2009 had its members and guests booked at the applicant’s place during which food and accommodation was provided to them. For the period they spent at the applicant’s place an invoice amounting to $11,521,85 was raised. Needless to say, respondent neglected paying the due amount.
“By way of a letter dated May 6, 2013, the respondent unequivocally acknowledged the debt and made a payment plan, which would have seen the debt being settled by November 30, 2013, but no payment was made,” said Manganga.
On July 3 last year, Zifa wrote to the applicant seeking indulgence for the delayed payment promising to settle the debt by June this year, but again failed to honour the promise.
This then prompted Holiday Inn through its lawyers, Marondedze, Mukuku and Partners, to make a court application and summons were subsequently issued out.
“Applicant was left with no option but to approach legal practitioners and on July 7, 2014 a letter was dispatched by applicant’s erstwhile lawyers and it was not heeded to by respondent,” Manganga said.
Zifa through Sansole and Senda Legal Practitioners entered an appearance to defend, arguing that it had paid the debt.
The applicant said the plea was “vague and unsubstantiated by facts,” arguing that the respondent had failed to produce proof of payment.
“Despite full knowledge that it had not settled its dues, the respondent entered appearance to defend and filed its plea wherein it avered that it had settled the debt in full. The respondent’s plea does not raise a prima facie at all. In fact it’s misleading because no payment was ever made by the respondent.
“An appearance to defend or plea is not bona fide on the merits and the law can apply for summary judgment. I pray that summary judgment against respondent be entered against respondent with costs of suit at attorney client scale on the basis that respondent has unnecessarily abused court processes by defending a matter when it has no defence,” the applicant’s lawyers contended.
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