Zvikomborero Parafini
Court Reporter
CEMENT manufacturer PPC Zimbabwe and one of its employees are set to face a legal battle over an undelivered 330-tonne consignment of cement after the High Court 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, Ms Nicole Botha, is named as the second respondent.
The legal tussle previously stalled when Erksales Hardware’s initial application for compensation was dis-missed following opposition from Ms Botha.
However, a High Court notice dated October 20 confirmed that she 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 the documents filed of record, it is ordered that: 1. The application for rein-statement 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 Ms Botha will now be required to formally mount their defence in court.
Erksales is represented by Mashayamombe and Company, while Moyo and Nyoni Legal Practitioners are acting for PPC and Calderwood, Bryce Hendry and Partners represent Ms Botha.
The lawsuit comes months after PPC faced a similar legal challenge in July this year from Tri Oceans, a dis-pute that was eventually resolved through an out-of-court settlement.
