THE Zimbabwe United Passenger Company (Zupco) has approached the High Court seeking to compel Sakunda Holdings to pay over $246 000 after the latter hired 151 buses for use during the Zanu PF congress two years ago.
BY CHARLES LAITON
Sakunda Holdings trading as Sakunda Logistics recently merged with Redan Petroleum to form Puma, a fuel supply company.
According to papers filed at the High Court by Zupco under case number HC1550/16, Sakunda Logistics, through its representative Kudakwashe Redmond Tagwirei, approached the bus company sometime in November 2014 and hired 151 buses to ferry Zanu PF delegates to their congress in Harare in December 2014.
“On the 4th of November 2014 and at Harare, the defendant (Sakunda), represented by Kudakwashe Tagwirei, and the applicant (Zupco), represented by Tawanda Masaire, entered into what was termed a carriage agreement,” Zupco, through its lawyers Mhishi Legal Practice, said.
The terms of the agreement were, among others, that the bus company would hire out 151 buses to the fuel supplier for a six-day period.
“The defendant would pay plaintiff $481 125 as the contract price and that the defendant would be responsible for all the fuelling requirements of the buses during the tenure of the agreement,” Zupco said.
Zupco said in terms of the signed agreement, it was also agreed Sakunda Logistics would deliver 162 500 litres of diesel fuel to Zupco’s five depots by November 18, 2014.
“It was also agreed the defendant would make full payment of the contract price to the plaintiff at least 14 days before the intended date of despatch of buses with an advance payment of $200 000 being paid by November 4, 2014, and the balance by November 18, 2014,” Zupco said.
“In breach of the agreement and despite the plaintiff fulfilling its obligations in terms of the agreement, the defendant has failed to pay the plaintiff in full, leaving an outstanding balance of $276 657 as to date.”
The bus firm added: “Furthermore, the defendant has breached the agreement in that it has failed to deliver 14 500 litres of diesel. Defendant has unreasonably refused to settle the plaintiff’s claim despite demand, and has not bothered to repay such demand, thereby unnecessarily compelling the plaintiff to institute legal action.”
Sakunda Holdings has since filed an appearance to defend notice through its lawyers Bruce Tokwe Commercial Law Chambers.