HIGH Court judge, Justice Nokuthula Moyo on Monday postponed indefinitely hearing a lawsuit filed by the Drummond Ranching (Pvt) Limited against West Agencies (Pvt) Ltd demanding payment of $55 8915,21, in electricity bills following the collapse of the parties chicken slaughtering deal.
BY SILAS NKALA
Drummond filed the lawsuit following a deal in which the parties had engaged in a chicken slaughtering deal leading to the accumulation of electricity bills, which were later settled by the former.
The company’s claim was based on a reconciliation statement and an acknowledgement of debt signed by West Agencies.
The debt arises from Drummond rendering assistance to West Agencies in the chicken slaughtering business, where they were both leasing premises from Lunar Chickens (Pvt) Ltd.
In her ruling, Justice Moyo postponed the matter after West Agencies raised a point in limine to the effect that the matter could not be effectively heard or finalised without Lunar Chickens being joined as a party.
Initially, West Agencies had made an application for a joinder, but Drummond Ranching had opposed the move, preferring the matter to be dealt with on its merits.
Justice Moyo said it would, not be in the interest of justice to proceed while an application to join a party to the proceedings had been made and was pending for doing so would render the joinder application academic.
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“… why would this court rush to determine a dispute between two parties in which a third party might be relevant? It is for these reasons that I hold the view that whatever the results of the application for joinder will be, this matter cannot proceed without the application for joinder having been finalised first,” the judge said.
“I will accordingly uphold the point in limine by the defendant and I will order that the matter shall only proceed after the application for joinder has been heard and finalised. This mater is, hereby, postponed sine die.”
