By Staff Reporter
A HIGH Court order by Justice Bongani Ndhlovu has set the stage for a bruising legal showdown between cement manufacturing giant, PPC, and a customer who claims to have fully paid for a 330-tonne consignment last year which were allegedly never delivered.
Justice Ndhlovu last Thursday granted Erksales Hardware’s application for reinstatement of the case after it had initially been removed from the court roll.
Erksales holdings contends that despite fully paying for 11 truckloads of cement through a PPC sales agent, it did not receive the 6 600x 50kg cement bags.
PPC is cited as the first respondent while one of its employees, Nicole Botha, is cited as the second respondent in the case.
“Whereupon after reading documents filed of record, it is order that: 1. The application for reinstatement of case HCBC953/25 be and is hereby granted.
2. There is no order as to costs,” ruled Justice Ndhlovu on the chamber application for reinstatement of the matter.
A notice issued by the High Court on October 20, confirms that the second respondent, Botha, has withdrawn an application opposing the reinstatement of the matter.
The cement at the centre of the dispute is worth US$72, 600 at current market prices.
After PPC failed to wever deliver the consignment, Erksales Hardware lodged an application for recompense which was dismissed after Botha opposed it,.
This led to another application by the plaintiff, for reinstatement which Justice Ndhlovu reinstated.
This means the case will now be heard in court with PPC Zimbabwe and Botha being put to their defence.
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.