Mashudu Netsianda Senior Court Reporter HOLIDAY Inn has filed a court application for summary judgment seeking more than $11,000 in unpaid ...
Mashudu Netsianda Senior Court Reporter
HOLIDAY Inn has filed a court application for summary judgment seeking more than $11,000 in unpaid hotel bills incurred by the Zimbabwe Football Association (Zifa).
In its application made at the Bulawayo High Court, Holiday Inn is demanding $11,521,85 from Zifa for accommodation and food for its members who were booked at the hotel sometime in 2009. The hotel claims the local football controlling body has in the last five years failed to settle the debt.
According to court papers, Holiday Inn is the applicant while Zifa was cited as the respondent in the matter.
The applicant’s accountant, Francis Ngonidzashe Manganga stated that for the period the Zifa delegation spent at the hotel, an invoice amounting to $11,521,85 in accommodation and food bills was raised.
“The respondent sometime in 2009 had its members and guests booked at the applicant’s place during which food and accommodation was provided to them. For the period they spent at the applicant’s place, an invoice amounting to $11,521,85 was raised. Needless to say respondent neglected paying the due amount.
“By way of a letter dated May 6, 2013, the respondent unequivocally acknowledged the debt and made a payment plan which would have seen the debt being settled by November 30, 2013, but no payment was made,” said Manganga.
On July 3, last year, Zifa wrote to the applicant promising to settle the debt by June this year, but again failed to honour the promise. The failure to hour the promise prompted Holiday Inn through its lawyers, Marondedze, Mukuku and Partners, to make a court application and summons were subsequently issued out.
“Applicant was left with no option but to approach legal practitioners and on July 7, 2014 a letter was dispatched by applicant’s erstwhile lawyers and it was not heeded to by respondent,” Manganga said.
However, Zifa through Sansole and Senda Legal Practitioners entered an appearance to defend, arguing that it had paid the debt.
The applicant said the plea was “vague and unsubstantiated by facts,” arguing that the respondent had failed to produce proof of payment.
“Despite full knowledge that it had not settled its dues, the respondent entered appearance to defend and filed its plea wherein it averred that it had settled the debt in full. The respondent’s plea does not raise a prima facie at all. In fact it is misleading because no payment was ever made by the respondent.
“An appearance to defend or plea is not bona fide on the merits and the law can apply for summary judgment. I pray that summary judgment against respondent be entered against respondent with costs of suit at attorney of client scale on the basis that respondent has unnecessarily abused court processes by defending a matter when it has no defence,” the applicant’s lawyers contended.
HOLIDAY Inn has filed a court application for summary judgment seeking more than $11,000 in unpaid hotel bills incurred by the Zimbabwe Football Association (Zifa).
In its application made at the Bulawayo High Court, Holiday Inn is demanding $11,521,85 from Zifa for accommodation and food for its members who were booked at the hotel sometime in 2009. The hotel claims the local football controlling body has in the last five years failed to settle the debt.
According to court papers, Holiday Inn is the applicant while Zifa was cited as the respondent in the matter.
The applicant’s accountant, Francis Ngonidzashe Manganga stated that for the period the Zifa delegation spent at the hotel, an invoice amounting to $11,521,85 in accommodation and food bills was raised.
“The respondent sometime in 2009 had its members and guests booked at the applicant’s place during which food and accommodation was provided to them. For the period they spent at the applicant’s place, an invoice amounting to $11,521,85 was raised. Needless to say respondent neglected paying the due amount.
“By way of a letter dated May 6, 2013, the respondent unequivocally acknowledged the debt and made a payment plan which would have seen the debt being settled by November 30, 2013, but no payment was made,” said Manganga.
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| Holiday Inn sues Zimbabwe Football Association (Zifa). |
“Applicant was left with no option but to approach legal practitioners and on July 7, 2014 a letter was dispatched by applicant’s erstwhile lawyers and it was not heeded to by respondent,” Manganga said.
However, Zifa through Sansole and Senda Legal Practitioners entered an appearance to defend, arguing that it had paid the debt.
The applicant said the plea was “vague and unsubstantiated by facts,” arguing that the respondent had failed to produce proof of payment.
“Despite full knowledge that it had not settled its dues, the respondent entered appearance to defend and filed its plea wherein it averred that it had settled the debt in full. The respondent’s plea does not raise a prima facie at all. In fact it is misleading because no payment was ever made by the respondent.
“An appearance to defend or plea is not bona fide on the merits and the law can apply for summary judgment. I pray that summary judgment against respondent be entered against respondent with costs of suit at attorney of client scale on the basis that respondent has unnecessarily abused court processes by defending a matter when it has no defence,” the applicant’s lawyers contended.
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