Led Travel which is in the business of tourism and petroleum, is alternatively seeking for a judgment in US dollar value of the 40 000 litres of fuel determined at the US pump price plus transport at the date of delivery of the product or date of payment in the same currency being fuel refund.
It also wants the telecoms company to pay an interest of the sum in US dollars at the prescribed rate from the date of demand, 11 June 2020 to date of payment in full and cost of the suit.
"Plaintiff prays for an order for the delivery of 40 000 litres of diesel to the plaintiff's Msasa fuel garage being fuel refund due to the plaintiff in respect of a verbal agreement between the defendant and plaintiff the product of which despite due and proper demand, the defendant has failed or refused to deliver," read the summons.
According to court papers, Led Travel said sometime in July 2019, NetOne Cellular duly negotiated and concluded a verbal fuel service and supply agreement in respect of petroleum product (diesel fuel) to the NetOne booster sites in and around Zimbabwe based on order.
Between July and early September last year, the plaintiff performed its duties in terms of the said agreement for the deliveries of which NetOne paid for.
However, the last payment made to NetOne was to Cleveland, Harare and Rusape on the 7th and 8th of September 2019 respectively, amounted to 40 000 which NetOne did not pay for.
Upon demand for payments on 12 September, NetOne representative Tonderai Shonhiwa advised that they were finalising reconciliations and would require a representative from the plaintiff in order to bring the matter to closure.
NetOne subsequently proposed and undertook to pay for the 40 000 litres of diesel in the form of Direct Fuel Import to which the plaintiff agreed to and rendered an invoice for payment by the defendant but to no avail.
Despite due and proper demand, the last written of which 11 June 2020, the defendant has failed, neglected and or refused to deliver the said 40 000 litres to the plaintiff or pay the DFI US dollar value for the same.
The case is pending.
