PPC Faces High Court Battle Over Undelivered US$72,600 Cement Consignment

Cement manufacturer PPC Zimbabwe is facing a potential High Court hearing over allegations that it failed to supply 330 tonnes of cement to Erksales Hardware despite receiving full payment for the order.

The matter is expected to return to court on November 6, when Justice Bongani Ndhlovu will consider an application seeking to have the case reinstated after it was removed from the court roll.

The development follows the withdrawal of an opposition application by Nicole Botha, a PPC employee cited as the second respondent alongside the company in the dispute.

A High Court notice dated October 20 confirmed that Botha had withdrawn her opposition to the reinstatement application.

“Take notice that the second respondent has withdrawn its notice of opposition with each party bearing its own costs,” reads part of the notice.

Erksales Hardware alleges that it paid for 11 truckloads of cement, each carrying 30 tonnes, but the consignment was never delivered. The cement is valued at approximately US$72,600 at current market prices.

According to the claim, the order was placed through a PPC sales representative last year, but the company allegedly failed to fulfil its obligation to supply the cement.

The dispute previously failed to progress after an initial application for relief was dismissed following opposition from Botha. Erksales Hardware subsequently filed another application seeking reinstatement of the matter.

The November 6 proceedings will determine whether the case can return to the court roll for a full hearing. Should the application succeed, PPC Zimbabwe and Botha will be required to respond to the allegations, with the trial date to be determined by the High Court.

The matter is registered under case number HCBC835/26.

Erksales Hardware is represented by Mashayamombe and Company Attorneys at Law. PPC Zimbabwe and Botha are represented by Moyo and Nyoni Legal Practitioners and Calderwood, Bryce Hendry and Partners, respectively.

The dispute comes after another company, Tri Oceans, took PPC to court in July this year over a similar matter. The parties subsequently reached an agreement to settle that dispute out of court.

The allegations against PPC and Botha remain to be determined by the court.