adminclaims that Old Mutual disconnected power over rent disputes resulting in a loss in drugs and other paraphernalia of US$818 000.
Old Mutual has denied liability, arguing that no evidence had been shown by the pharmaceutical firm that it was liable.
Lawyers representing both parties had a pre-trial conference before the High Court but failed to reach a settlement resulting in the matter being referred to trial.
During the pre-trial conference, the parties agreed on issues that had to be settled at trial and those that should be argued upon before the court can make a determination.
A lawyer representing Santiago, Mr Ralph Maganga confirmed the development.
“We are now waiting for a trial date. Parties will argue their case on that date,” said Mr Maganga.
In its papers, Santiago claimed it suffered damages after Old Mutual allegedly disconnected power.
Old Mutual has denied liability arguing that it was entitled to act in the manner it did to recover money owed.
In papers filed at the High Court, Santiago Pharmacy submitted that Old Mutual disconnected electricity from January 2010 to March 2012, resulting in its stock being wasted.
“The disconnection meant that the plaintiff’s stock was destroyed since most of it is perishable.
“Consequently the plaintiff lost business as a result of the disconnection,” said Santiago.
In its initial response, Old Mutual requested for further particulars.
It asked whether electricity was the only source of light and how the disconnection of electricity was being linked to loss of business.
It also wanted to know what measures were taken to minimise damages.
In its subsequent response, Old Mutual said the pharmacy owed it money in rent and all utility bills totalling US$39 000.
The firm said it had no knowledge that power was disconnected by its workers or its agents and wants the plaintiff to give evidence to that effect.
“In the alternative, the defendant was entitled to disconnect electricity for non-payment of the electricity bills by the plaintiff to ensure that it pays for what it consumed.
The plaintiff failed to pay for electricity and it was not entitled to continue consuming electricity without paying,” argued Old Mutual, represented by Costa and Madzonga law firm.
Online Reporter