By Staff Reporter
Bulawayo-based Erksales Hardware has accused manufacturing giant PPC Zimbabwe and its employee, Nicole Botha, of failing to deliver 330 tonnes of cement purchased last year.
Parent company Erksales Investments (Private) Limited is now seeking compensation from PPC who allegedly received full payment for eleven 30′-tonne truckloads of cement which the supplier allegedly failed to deliver.
The cement is valued at US$72, 600 at current market prices.
The case has previously been struck off the roll but the dispute will return to the High Court in Bulawayo on November 6.
The court will hear Erksales Hardware’s application to have the case reinstated.
According to a notice issued by the High Court on October 14, the matter, registered as case number HCBC835/26, is scheduled for hearing before Justice Ndhlovu.
According to court documents seen by Bulawayo 24, the cement was purchased through a PPC sales representative last year, but the company allegedly failed to deliver the 330 tonnes.
The initial application was dismissed after PPC Zimbabwe and 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.
There is also no indication on whether the respondents intend to withdraw their opposition.
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.