Municipality cries foul

bills amounting to US$201 599.11.

Pinnacle bought a piece of land known as Chisese Suburb in the resort town but has now clashed with the local authority over arrears.
The firm has since opposed the application by the municipality and the matter is now awaiting pre-trial conference set down.

According to the summons issued at the High Court, Kariba Municipality entered an agreement of sale of some land with Pinnacle on April 9, 2008.
The agreement, council claims, stipulated that Pinnacle should be liable to paying rates and any other municipal charges from the date of signing of the agreement.

PHILIP CHIYANGWA

Council claims that the firm breached the agreement by failing to pay for the rates of the purchased land since February 2009.
“The outstanding amount for the rates is US$201 599.11 and that is the amount due for rates from February 2009 to March 2011,” read the declaration.

It is the municipality’s argument that despite demand, Pinnacle had failed or refused to pay the amount resulting in the filing of the court claim.
Responding to the application, Pinnacle denied liability saying the calculations relied upon by the municipality were erroneous.

Pinnacle also denied responsibility for legal costs sought by Kariba Municipality.
Failure by the municipality to provide a clear breakdown of the calculation of the sums claimed, according to Pinnacle, was also fatal to the claim.

“Accordingly, defendant denies that the sum claimed is rates lawfully charged by the plaintiff in accordance with all local government statutes, laws and by-laws and puts plaintiff to the proof thereof.
“The plaintiff’s calculation of the sum claimed is erroneous.

“The addition of the amounts reflected in the statements provided by the plaintiff in its further particulars yields a totally different amount from that claimed.
“The breakdown provided by the defendant shows that the sum claimed include an amount of US$104 300 for rent/supplies for which defendant is not liable.”

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