Staff Writer
Bulawayo High Court judge Justice Bongani Ndhlovu will on Friday rule on whether a case in which cement manufacturer, PPC, is accused of failing to deliver 330 tonne of the purchased product should proceed to hearings.
This comes after one of the respondents last week withdrew an application opposing the reinstatement of the case.
PPC is the first respondent while one of its employees, Nicole Botha, is cited as the second respondent in the case brought up 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A notice issued by the High Court on October 20, confirms that the second respondent, Botha, has withdrawn an application opposing the reinstatement of the matter.
This paves the way for Justice Ndhlovu to to hear the plaintiff’s application for reinstatement on November 6 after the case had initially been removed from the roll.
“Take notice that the second respondent has withdrawn its notice of opposition with each party bearing its own costs,” reads part of the High Court’s notice of withdrawal.
In case number HCBC835/26, 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, worth US$72, 600 at current market prices, was allegedly purchased through a PPC sales representative last year.
However, the company did not deliver the consignment, prompting an application for recompense which was dismissed after Botha opposed it,.
This led to another application by the plaintiff, 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.
Mashayamombe and Company are Earksales’ legal representatives.
PPC and Botha are being represented by Moyo and Nyoni legal practitioners and Calderwood, Bryce Hendry and Partners, respectively.
In July this year, another company, Tri Oceans, took PPC to court over a similar case and the two parties eventually agreed to settle the matter out of court.