Minister Mpofu’s company dragged to court

Source: Minister Mpofu’s company dragged to court – DailyNews Live

Tendai Kamhungira  28 August 2017

HARARE – Total Zimbabwe (Private) Limited (Total) has dragged
Macro-Economic Planning and Investment Promotion minister Obert Mpofu’s
company Khanondo Safaris to the High Court demanding $31 000 for diesel
supplied to the firm.

According to summons filed on August 17, the parties had a credit
agreement, which they entered into in October 2013. In terms of the
agreement, Total was supposed to supply diesel to Khanondo Safaris on
credit and was supposed to pay for the supply upon receipt of an invoice.

“Plaintiff (Total) supplied diesel to defendant (Khanondo Safaris) and an
invoice was raised in the sum of $52 000 and same was presented to
defendant for payment.

“On the 31st of August 2014, defendant made a payment of $20 001 to
plaintiff as part payment to the debt, leaving a balance of $31 999,” the
court heard.

According to the summons, Khanondo Safaris has failed to pay the balance
to date, and has reportedly breached the terms of the contract, which led
to the legal proceedings.

“A sum of $31 999 being an amount that is due and owing to plaintiff
arising from a credit agreement that was entered into between plaintiff
and defendant wherein plaintiff delivered diesel to defendant upon
defendant’s request and an invoice was raised to that effect of which
defendant has refused to settle despite demand, hence breaching the
contract.

“Defendant breached the contract by refusing to pay for the fuel in terms
of the credit agreement and the appropriate remedy in the circumstances is
specific performance that is for the defendant to pay for the supplied
fuel,” the court heard.

Total is now demanding the full amount of the balance and interest
prescribed from the date of summons to the date of full payment. The
company is also demanding collection fees and the cost of the suit.

Khanondo Safaris has not yet respondent to the application, which is still
pending before the High Court.