Zvikomborero Parafini
CEMENT manufacturing giant, PPC, has been accused of failing to deliver 330 tonnes of cement to a hardware shop despite receiving full payment for the consignment last year.
Erksales Hardware is now the second company, after Tri Oceans Investments, to approach the High Court this year seeking compensation from PPC after non-delivery of purchased products.
PPC and one of its employees, Nicole Botha, are cited as the first and second respondents in the case brought up by Erksales Hardware.
The complainant alleges that PPC failed to deliver 11 truckloads of cement each weighing 30 tonnes.
The cement is worth US$72,600 at current market prices.
After case was initially removed from the roll, the dispute is set to return to the High Court on November 6, when Erksales Hardware’s application to have the case reinstated will be heard by Justice Bongani Ndhlovu.
According to a notice issued by the High Court on October 14, the matter, 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 was dismissed after Botha opposed it, prompting another application for reinstatement.
The court notice confirms that the reinstatement application is set for hearing on November 6.
However, it does not state the reasons for the initial dismissal and neither does it detail the respondents’ arguments.
The upcoming hearing will centre on whether the dismissed case should be reinstated.
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.
In July this year, Tri Oceans took PPC to court over a similar case and the two parties eventually agreed to settle the matter out of court.
