Hwange Colliery sued for hired equipment, services

HWANGE Colliery Company (HCC) has been taken to court over a $56 000 debt owed to Hydra-Tech Precision Hydraulics for equipment and other services provided two years ago.


Hydra-Tech issued summons against the coal miner early this month under case number HC2550/16.

In its declaration, Hydra-Tech said sometime in 2013, it entered into an equipment hire agreement with HCC, whereby it provided mining goods and services at the behest of the coal miner.

“It was a material term of the agreement that plaintiff (Hydra-Tech) shall provide defendant (Hwange Colliery) with consultancy services, training defendant’s employees and supply defendant with certain stocks for defendant’s use at its mine in Hwange,” Hydra-Tech said.

“Plaintiff indeed supplied defendant with all the services mentioned above and raised invoices to defendant for payment.”

Hydra-Tech said it was also a material term of the agreement that payment would be made to it within 15-days from the date delivery of goods and services to Hwange and that any overdue amount would attract a 6% interest.

“In breach of the agreement, the defendant failed to pay for the equipment and services rendered by plaintiff such that as of now the total amount of $56 403,70 is due and payable,” Hydra-Tech said.

The firm also said HCC was refusing to indicate to it (Hydra-Tech) as to which invoices were reflected in its own system to enable the parties to reconcile their invoices.

“Therefore, plaintiff’s claim against the defendant is for the payment of the sum of $56 403,70 being payment for the equipment, goods and services rendered to defendant by plaintiff in terms of the equipment hire agreement.

“Defendant is to pay interest at the rate of 6% per annum on the sum of $56 403,70 from the date of its failure to pay amounts due to date of full and final payment of the said amounts.”

Hydra-Tech said it would ask the court to order HCC to pay costs of suit. The coal miners are yet to enter an appearance to defend notice.

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