KWEKWE — Council has been dragged to court over failure to settle a $5 000 bill for the supply of motor spare parts by Almtrecks Trading in 2012.
BY BLESSED MHLANGA
According to case number 706/2013, council is accused of having refused or failed to pay $5 705 for the supply of spare parts for the city’s fire tender which broke down in 2011.
In an affidavit, Talent Wadzinganyama, representing Almtrecks, said he had supplied council the spare parts, which parts council took but was refusing to pay for. “I duly supplied council with spare parts, but they have not bothered to pay for the same over the past year,” reads part of his affidavit.
Wadzinganyama, represented by Liberty Mashanyare, is seeking an order to attach council property so that he can recover money owed to him by the local authority. Town clerk Emanuel Musara, represented by Wilmot and Bennet law firm, argues that council will not pay for the spare parts because Almtrecks breached a contract which compelled it to supply the parts within 30 days.
“I attach R1-R5, being Respondent’s official order clearly stating conditions applicable. Almtrecks was paid a deposit, but failed to supply some of the items at all. Because of this failure, council was forced to take the fire tender to Componet Rebuilt Centre on October 12 and incurred a cost of $8 444,25,” reads Musara’s defence. Mashanyare told the court that council should just pay since they had accepted delivery of the spare parts.
“A contract is offer and acceptance and council accepted the spare parts even after the 30-day period. As we speak, they have the parts, it means they accepted the offer,” he said.
Council came under fire after paying Almtrecks Trading a deposit of over $10 000 in 2012 for the spare parts which took the company 10 months to supply.
