Zvikomborero Parafini
A respondent in the case in which cement manufacturing giant, PPC, is accused of failing to deliver a 330-tonne consignment to a customer despite receiving full payment has withdrawn an application opposing the reinstatement of the case in the High Court.
This paves the way for Justice Bongani Ndhlovu to determine whether the case should proceed to a hearing.
The determination will be made on November 6.
PPC and one of its employees, Nicole Botha, are cited as the first and second respondents in the case brought up by the plaintiff, Erksales Hardware.
A notice issued by the High Court on October 20 confirms that the second respondent, Botha, has withdrawn an application opposing the reinstatement of the matter.
“Take notice that the second respondent has withdrawn its notice of opposition with each party bearing its own costs,” reads part of the High Court’s notice of withdrawal.
Earksales Hardware alleges that PPC failed to deliver 11 truckloads of cement, each weighing 30 tonnes, despite receiving full payment for the consignment last year.
The cement is worth US$72, 600 at current market prices.
After the case was initially removed from the roll, the dispute will return to the High Court on November 6, when Justice Ndhlovu will hear the plaintiff’s application for reinstatement.
The matter is registered as case number HCBC835/26. The cement at the centre of the dispute was purchased through a PPC sales representative last year, but the company allegedly failed to deliver the consignment.
The first application for recompense was dismissed after Botha opposed it, prompting another application for reinstatement.
If the case is reinstated, PPC Zimbabwe and Botha will be put to their defence at court hearings whose dates will be set by the High Court.
Earksales Hardware is being represented by Mashayamombe and Company Attorneys at Law, while PPC and Botha are being represented by Moyo and Nyoni legal practitioners and Calderwood, Bryce Hendry and Partners, respectively.
