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Daniel Nemukuyu Senior Court Reporter
HARARE City Council has been taken to the High Court over failure to pay a fuel debt amounting to $117 290. The local authority entered into an oral agreement with Sakunda Energy (Private) Limited for the supply of fuel for council use on credit. Diesel and petrol were delivered to council, which later defaulted on payment.

In a bid to recover the outstanding $117 290, Sakunda filed a legal claim at the High Court. In summons issued last week, Sakunda is claiming the principal debt plus five percent interest calculated from the debt of service of the summons to the debt of payment in full. The fuel company is also seeking an order for costs of the suit.

Sakunda, in its particulars of claim, states that it entered the agreement in 2014. The terms of the agreement, Sakunda argues, were that fuel would be supplied to council on request. Payment, according to the said agreement, was supposed to be effected within a 30-day period after deliveries.

“In compliance with terms of the agreement, plaintiff supplied defendant with diesel and petrol at its specific instance and request on various occasions,” reads the plaintiff’s particulars of claim. In breach of the agreement, defendant did not pay plaintiff in full for the delivered diesel and petrol.” Despite demand, Sakunda argues, council has refused or neglected to settle the debt, resulting in the dispute spilling into the High Court. Mawere & Sibanda Legal Practitioners are representing the fuel company in the court case. Harare City Council is yet to file its response to the claim.