Source: Wadyajena sues Sakunda over $633 000 debt – NewsDay Zimbabwe November 16, 2017
GOKWE-NEMBUDZIYA MP Justice Mayor Wadyajena has filed a joint litigation with his firm against Sakunda Energy (Pvt) Ltd, Sakunda Logistics (Pvt) Ltd and Kudakwashe Regimond Tagwirei over a $633 670 debt following a botched compromise agreement between the parties.
BY CHARLES LAITON
Wadyajena, together with his firm Mayor Logistics (Pvt) Ltd, issued summons against Sakunda on November 10 this year and the cited respondents are yet to enter their appearance to defend notices.
According to the court papers, Sakunda Energy (Pvt) Ltd and Sakunda Logistics (Pvt) Ltd (first and second defendants) fall under an entity known as Sakunda Holdings (Pvt) Ltd and are in the business of retailing bulk fuel to government, parastatals and other corporate entities.
In his declaration, Wadyajena said sometime in April 2017, he, together with Sakunda Holdings, entered into a written compromise agreement in terms whereof they sought to bring finality and settlement to various disputes between and among them.
“In terms of the said agreement, plaintiffs were obliged to, inter alia, vacate certain premises along Robert Mugabe Road in Harare upon receiving a cash payment from defendants of $100 000. In terms of the agreement, the defendants were obliged to, among other things, pay the sum of $100 000 to the plaintiffs upon their vacation of the premises situated along Robert Mugabe Road, Harare,” he said.
“It was also a term of the agreement that defendants would pay the plaintiffs the sum of $2 500 000 by way of 12 equal monthly instalments of $208 334 commencing on May 31, 2017 and continuing on or before the last day of each subsequent month till the sum was fully paid.”
Wadyajena said he and his firm duly performed all their obligations in terms of the agreement and vacated the Robert Mugabe Road premises.
“In breach of the agreement, defendants have failed, refused and/or neglected to pay plaintiffs the sum of $100 000 in full and paid only
$67 000, leaving a balance of $33 000. The plaintiffs hereby abandon and waive their right to claim the balance of $33 000,” he said.
“In further breach of the agreement, the defendants failed and/or neglected to pay monthly instalments of $208 334 for the month of August, September and October 2017, leaving a balance of $625 002 outstanding as at the date of these summons. The defendants owe the plaintiffs the amount of $633 670, being the total arrears due and payable.”
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