BY FIDELITY MHLANGA
A Harare fuel dealer has been sued by a customer for failing to deliver the commodity in violation of an agreement.
Cybale Enterprises Private Limited, which operates under a Total Zimbabwe franchise was taken to the High Court for failing to deliver 5 177 litres of fuel to Fourways Concrete Private Limited on the agreed terms.
According to court papers, Fourways and the Cybale Enterprises, operating as Total Avonlea, entered into prepayment agreements for the supply of fuel from May to September 2019.
In terms of the agreements between the parties, Cybale Enterprises was supposed to deliver 40 000 litres of diesel against the total payments of $258 800 made by Fourways Concrete.
But in breach of the agreement between the parties, Cybale Enterprises only supplied 34 823 litres of fuel, leaving a balance of 5 177 litres.
The last delivery of 5 177 litres of diesel ought to have been made before the end of September 2019.
“Plaintiff’s (Fourways Concrete Private Limited) claim is against defendant for supply of fuel in the quantity of 5 177 litres of diesel, being the outstanding fuel due by defendant (Cybale Enterprises Private Limited) to the plaintiff in respect of fuel paid for by the plaintiff to the defendant in terms of the fuel agreements,which quantity despite demand defendant has failed and/or neglected to supply,” reads the papers filed at the High Court by Khupe and Chijara Law Chambers.
Fourways is pushing for restitution of the monetary equivalent of the 5 177 litres at prices prevailing at the time of restitution.
Cybale Enterprises did not at any time demand any variation of the purchase price on or before the date on which the fuel was to be supplied.
“Therefore, the plaintiff is entitled to delivery of the outstanding 5 177 litres of diesel and despite demand the defendant has failed and/or neglected to supply the outstanding fuel,” reads the papers.
The matter, under case number HC 3458.20, was filed on July 14, 2020 and the defendant’s lawyer’s Bherebende Law Chambers are yet to respond.