Chronicle Editor
UMZINGWANE Rural District Council has approached the High Court seeking a summary judgment against a Bulawayo automobile dealer company that allegedly delivered a defective grader, which has since been returned to the supplier.
The local authority bought a CAT grader from Ageing Replacements (Pvt) Ltd at a cost of $26 314 657, 22, which was equivalent to US$382 375 at the time of the transaction.
Ageing Replacements delivered a defective motorised grader, which was deemed not fit for use and the local authority returned the vehicle to the supplier.
The company took back the grader and promised to deliver a brand new one, but failed to do so.
Umzingwane RDC, through its lawyers Calderwood, Bryce Hendrie, and Partners, filed a court application at Bulawayo High Court citing Ageing Replacements (Pvt) Ltd as a respondent.
In her founding affidavit, Ms Sithembiso Nzangane said the company breached the agreement by failing to deliver a brand-new grader.
“I submit that the parties entered into an agreement in respect of the respondent agreeing to supply the applicant a motorised grader for the sum of $26 314 657, 22. Despite the applicant paying the respondent the money and discharging its obligations in terms of the contract, Ageing Replacements has failed to deliver to the council a brand new CAT motorised grader,” she said.
“I verily believe that the respondent has no bona fide defence at law in respect of the claim and that its plea was entered solely for the purposes of delaying and frustrating the applicant from obtaining the relief sought.”
Ms Nzangane said the purported defence by Ageing Replacements has no likelihood of success.
“Wherefore, the applicant prays for a judgment compelling the respondent to deliver a brand new motorised CAT grader within four days of the judgment being granted. Alternatively, payment in the sum of US$382 375 or its equivalent in the local currency calculated at the official auction rate on the date of payment,” she said.
Ms Nzangane said the money should be paid with interest at the prescribed rate with effect from the date of issue of summons to the date of payment in full, including legal costs.
Ageing Replacements (Pvt) Ltd entered an appearance to defend and is yet to file opposing papers.
Online Reporter