STAFF WRITER
A HEALTHCARE practitioner has applied to the High Court to compel Lafarge Cement Zimbabwe to pay him 60 tonnes of PC 15 cement which he bought from the cement maker in 2018 but was never delivered.
In summons filed at the High Court on Thursday, Morgan Mhlanga told the court that in September 2018, he placed an order with the cement maker through his consultants company for the purchase of 60 tonnes of cement, translating to 1 200 x 50kgs bags of PC cement.
A quotation was generated under reference QTE1100181208 as well as an authority to purchase the product on the same date with reference CON0427.
The total price charged was a total of $13 136.43 inclusive of VAT. Mhlanga said he transferred the full purchase price on the same date to Lafarge Cement’s Stanbic bank, Parklane Branch and submitted the proof of payment to defendant’s cashiers.
The payment was reportedly duly received and acknowledged and what was left was for the collection of the product purchased and a contract of sale was concluded between the parties.
Mhlanga on January 23 2019, through his wife formally advised Lafarge not to release the purchased product to his building contractors Footprint Consultancy (Private) Limited without his confirmation and authorization since the project had been temporarily put on hold.
On the same date, Mhlanga’s wife received a confirmation from the defendant acknowledging receipt of her request and the defendant undertook to lock the purchased product which was only to be released through the Plaintiff’s instructions.
Mhlanga told the court that he was however shocked to receive a letter from Lafarge on August 13 2020 advising him that the defendant was only holding funds amounting to Z$15 136.60 which was only equivalent to 17 bags of PC15 cement.
The healthcare practitioner, specialising as a Obstetrician & Gynaecologist, in Avenues, Harare, further said he could not accept nor collect the cement as this was not the quantity of cement that he had purchased from the defendant and he immediately registered his disquiet.
“The Plaintiff has been protesting against this daylight robbery and has tried to engage the defendant in discussions to reach an amicable settlement but the Defendant refuses, fails and neglects to deliver the purchased product,” Mhlanga said in his summons.
He is praying for an order compelling the defendant to release to release to him 60tonnes of PC 15 cement comprising 1 200 x 50 kg bags.
The matter is yet to be heard.
