ECONET Wireless (Private) Limited has sued a Bulawayo–based airtime agent for failing to pay a $178 000 debt for airtime juice cards supplied in 2009.
BY SILAS NKALA
The mobile phone operator filed its summons at the Bulawayo High Court this week citing the agent — Fair and Square Investments and its representatives Dhumisani Kodzai and Iyanai Kodzai as respondents.
“The plaintiff’s claim against the defendants jointly or severally the one paying the other to be absolved is for payment of the sum of $178 000 being money due and owing to the plaintiff from the first defendant for airtime stock delivered to the first defendant under invoice dated December 1, 2009 pursuant to a dealer agreement entered into by the parties on February 2, 2005 to which the second and third defendants bound themselves as surety and co-principal debtors for the due performance of the obligation of the first defendant in favour of the plaintiff,” reads the summons.
Econet also demanded interest paid at a prescribed rate and sought as order declaring a certain piece of land in Bulawayo being Lot 41 Glenville Township of Subdivision 1 of Trenance measuring 8 052 square metres held under deed of transfer number 106309 dated September 3, 2009 bound by a deed of hypothecation number 665/2010, specially executable against the agent’s representatives.
Econet also sought an order to attach the agents’ other piece of land in Gwanda held under deed of transfer number 982/10 dated October 5, 2010 bound by deed of hypothecation number 1288/2010 specially executable and costs of suit on a legal practitioner and client scale.
In its declaration of the suit, Econet submitted that in February 2, 2005 it entered in to a dealer agreement with Fair and Square where the latter would receive airtime juice cards for resale on commission, but the agent breached the terms of the agreement by failing to remit proceeds from the sales.