Zimpapers Logo

Daniel Nemukuyu Senior Court Reporter
Metallon Gold Zimbabwe (Private) Limited has been taken to court over non-payment of a debt of $12 000, but counter-claims in the court papers to having paid all that was owed.

The mining giant ordered electrical components for its Redwing Mine in Manicaland from Ranmont Electrical hardware (Private) Limited but according to Ranmount did not pay in full while Metallion states that it owes nothing.

Ranmont recently claimed the outstanding $12 000 from Metallon Gold through a court summons.

According to Ranmount’s declaration, Metallon Gold ordered the electrical components from Ranmont between December 2013 and February 2016 and they were delivered to the mine.

Payments were made but by March this year, $12 865 was still outstanding and other efforts to recover the debt failed so Ranmont’s lawyer Mr Beloved Dhlakama of Dhlakama B Attorneys filed summons at the High Court on March 23 this year.

An accountant with Metallon Gold, Mr P Moyo acknowledged the debt on November 27 2014 and the lawyers attached the letter of acknowledgment to the court papers.

However, Metallon Gold has filed a notice of appearance to defend the matter.

On April 7 this year, Ranmont applied for a summary judgment arguing that Metallon Gold’s notice to defend the matter was a way of buying time and abusing the court process.

“I verify the applicant’s cause of action and believe that the respondent has no bona fide defence to the applicant’s claim for $12 865 and that its defence has been filed purely for the purpose of delay.

Ranmont urged the High Court to slap the mining firm with costs on a higher scale as a way of registering its displeasure at the abuse of the court process.

Metallon Gold legal officer Mr George Museta filed an opposing affidavit at the High Court on April 12 this year.

In the opposing document, Mr Museta said his company cleared the debt and that it was not indebted to Ranmont in any way.

“The respondent discharged all its indebtedness to the applicant and does not owe anything.

“There is no acknowledgment by the respondent,” read part of the opposing affidavit.

Metallon Gold urged the court to dismiss the application for summary judgment.