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Daniel Nemukuyu Senior Reporter
A Kenya-based petroleum company has taken Wedzera Petroleum to the High Court claiming a $242 000 debt. Metro Petroleum, a company registered in Kenya, supplied fuel products worth $363 000 to Wedzera on credit.

In November 2009, Wedzera through its director Mr Eric Nhodza, paid $121 000, leaving a balance of $242 000.

Efforts to recover the money failed, prompting Metro Petroleum to issue out summons through its lawyer Mr Advent Tavenhave of Tavenhave and Machingauta law firm.

In the summons filed at the High Court in Harare recently, Metro Petroleum cited Wedzera and its director Mr Nhodza as defendants.

After Wedzera failed to pay the debt as per agreement, the foreign company wrote a letter demanding payment of the balance without success.

On several occasions, Mr Nhodza wrote several emails to Metro Petroleum undertaking to clear the debt but nothing came up.

The foreign-based firm is now claiming $242 000 plus interest calculated from the date when the summons was issued out to the date of payment in full.

Responding to the summons, Wedzera’s lawyers Muringi and Kamdefwere Legal Practitioners, said the three years in which a litigant is allowed to sue had lapsed hence the case should be dismissed.

“In terms of the Prescription Act, the debt which is the subject matter of the present claim had prescribed and therefore now extinct.

“A debt would have prescribed after the lapse of three years from the moment it arose.”

In the event that the court entertains the case, Wedzera will deny owing Metro Petroleum anything.

“The respondents deny the existence of the said debt in the stated amount.

“Applicant is put to strictest proof thereof.

“In any event, if any debt existed, which we vehemently deny, that debt has clearly prescribed,” he said.

The High Court is yet to determine the matter.