A BULAWAYO construction company, Zimbabwe Construction and Development Company (Pvt) Limited has sued an engineering firm, Nkwilimba Investments (Pvt) limited for over $800 000 damages and loss of business after the latter was hired to repair a tipper truck but failed to do so within the agreed time frame.
BY SILAS NKALA
The construction company filed the summons last week demanding $586 188 as compensation.
“Plaintiff’s claims against the defendant is for an order for payment of the total of $586 188 being damages for loss of business emanating from defendant’s failure to repair and deliver plaintiff’s five-tonne tipper truck in terms of the contract entered into by the parties,” reads the summons. “Interest on the amount of $586 188 at the prescribed rate of interest from the date of summons to date of full final payment. Legal costs on attorney and client scale.”
In its declaration of the claim, the construction firm said sometime in March 2017 it entered into a agreement with the defendant where Nkwilimba Investments was supposed to repair plaintiff’s five-tonne tipper truck.
“It was a term of the agreement that the tipper truck was supposed to be delivered after seven working days of defendant’s receipt of the payment of $364 and in conformity with this plaintiff advanced an amount of $364 on July 27 2017. In terms of this it entails that the tipper truck was supposed to be delivered on August 3 2017 since payment was effected on July 27,” reads the declaration.
“However, in breach of the above mentioned agreement defendant failed to repair and deliver the tipper truck within the stipulated time frame and to date the truck has not been delivered and it is still with defendant. As a result, plaintiff has lost business due to the non-availability of the tipper truck. It is important to highlight how the tipper truck operates so as to establish plaintiff’s loss of business.”
“The tipper truck was the central hub of plaintiff’s business and its non-availability impacted negatively on its business.
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As a way of elaboration, the tipper truck being a five tonne capacity it would make 85 rounds per hour and that 85 tonnes multiplied by five tonnes is a total of 42, 85 tonnes is made per hour. Plaintiff has lost business in the capacity of 19 539, 60 tonnes due to defendant’s failure to deliver the tipper truck on time. Despite several demands, defendant has failed or neglected to pay the said amount despite being placed in mora,” reads the declaration.
