Pomona Stone Quarries has taken the Harare City Council (HCC) to court, demanding payment of over $108 000 after the latter allegedly failed to pay for stones supplied by the firm two years ago.
BY CHARLES LAITON
The quarry firm filed the summons at the High Court two weeks ago and the local authority is yet to enter an appearance to defend notice.
Pomona claims that sometime in July 2014, it entered into a verbal agreement with HCC for the supply of quarry stones, which the latter allegedly agreed to pay for upon receipt of an invoice.
The quarrying firm said the terms of the agreement were inter-alia that the local authority would collect the quarry stones from Pomona and pay for the stones upon presentation of an invoice.
However, upon receiving the stones on different dates and times, HCC is said to have reneged on the verbal agreement, prompting the quarry firm to institute legal proceedings against the local authority.
“In fulfilment of its obligations in terms of the agreement, between July 2014 and December 2014, the plaintiff (Pomona) supplied to defendant (City of Harare) which collected various quantities of quarry stones at agreed prices,” Pomona said in its declaration.
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“In satisfaction of its obligations under the agreement, plaintiff presented to defendant, invoices for the quarry sold. In breach of its obligations the defendant has part paid for the quarry stone sold to it with the result that as of the 21st of January 2016 it was indebted to plaintiff in the sum of $138 915,66.”
Pomona further said HCC only made a payment of $30 000 after receiving a letter of demand dated January 21, 2016.
“Despite repeated demands, defendant has failed and/or neglected to pay the plaintiff the remaining balance of $108 915,66 which it owes to the plaintiff.”
The quarry firm also said it would demand from HCC interest on the said amount at the rate of 5% per annum from December 2, 2014 to the date of payment in full.
