INNSCOR Africa has dragged one of its distribution agents to court as the fast foods group battles to recover over US$16 000 from an agent who sold its stock and converted the proceedings to personal use.
Johane Dube was in 2014 engaged by Innscor to be its agent to sell pies along the Harare-Beitbridge and Harare- Zvishavane highways for a commission. Over some time, Dube received and sold pies worth over US$16 000 but did not remit anything to Innscor.
In October 2014, Dube signed an acknowledgement of debt form and undertook to make monthly payments of US$1 500 until the debt was cleared, but did not meet his side of the bargain resulting in the firm dragging him to court.
While accepting his indebtedness, Dube however, tried to defend himself by raising some issues around the paper work in the transaction, something that High Court judge Justice Nicholas Mathonsi, flatly refused to entertain.
The judge issued a summary judgment ordering Dube to pay the confectionaries firm US$16 632,12 plus interest dating back to February 2015.
“The explanation given for signing the acknowledgment of debt takes the cake as being the most vexatious,” Justice Mathonsi noted.
“Whatever it is that is mentioned herein does not impugn the acknowledgment of debt that the respondent signed accepting liability in respect of a sum of US$16 632,12. No court of law should be made to spend time listening to fancy stories about receipts and invoices and letters of demand when, after all is said and done, the respondent committed himself in writing to owing a stated figure. That is the end of the matter.”
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