THE District Development Fund (DDF) has sued members of the Bulawayo Homeseekers – Hlalani Kuhle Consortium over a debt of $33 000 arising from the use of its graders, excavators and front-end loaders at their housing project in Cowdray Park.
BY SILAS NKALA
DDF filed its summons at the Bulawayo High Court last week.
“The plaintiff’s claim is for a judgment in the sum of $33 066,80 being the balance of agreed amount for hiring and use of plaintiff’s road merchandised equipment of graders’ excavators and front-end loaders for defendant’s use in its Hlalani Kuhle home project in terms of an agreement between plaintiff and defendant,” the summons read in part.
In its declaration of the claim, DDF submitted that sometime in 2011, the housing consortium agreed to hire road construction equipment to service stands in Cowdray Park, at an agreed fee.
“It was a fundamental in terms of the said agreement that the agreed hiring fees would be payable per month. In breach of the said agreement, defendant failed to pay the agreed fees, leading to all its invoices accruing to the total amount of $36 266,08 as at April 16 2016,” the declaration read.
“Sometime between October 2014 and June 2015, defendant acknowledged its indebtedness and negotiated through plaintiff’s then legal practitioner, Messers Manase and Manase and agreed on a payment plan through which it would make monthly instalments of $3 000 for the period of 10 months to extinguish the debt.”
DDF submitted that despite several demands, the consortium has refused, neglected or abandoned to pay.
“In terms of the said agreement, defendant is now liable to pay the aforesaid amount to the plaintiff, who is now legally entitled to claim as, hereby, done through the court for payment of $33 066,80 being the capital amounts plus interests at a prescribed rate of 5% of the amounts due and owing to plaintiff by defendant.”
The consortium is yet to respond to the summons.