Firm Slapped With $300k Lawsuit

Gweru City Council is suing Deven Engineering Private Limited for failing to deliver a Nissan UD80 lorry they bought for $300 000, for refuse collection. The company indicated to council recently that it could not deliver the vehicle since it had been phased out.

According to minutes of a procurement meeting held on January 12, the local authority has since engaged a law firm Dzimba, Jaravaza and Associates to institute legal proceedings against the Harare-based company for none delivery of the Nissan UD80 truck fitted with 19 cubic metre refuse compacter.

Acting town clerk Engineer Robson Manatsa told the meeting that council’s legal representative had been told by Deven Engineering Private Limited that it was no longer able to supply the truck and was offering an alternative.

“On the 5th of January 2018, our Mr Jaravaza (lawyer from Dzimba, Jaravaza and Associates) called Mr S Matambo (the contractor’s appointed project manager) to enquire as to when the delivery of the truck would be effected.

“In that telephone conversation, Mr Matambo indicated that the contractor was no longer in a position to supply the Nissan UD80 truck as specified in the written agreement, the reason given by him being that the Nissan UD80 trucks have been phased out.

“Mr Matambo further indicated that the contractor will only be able to supply what he termed a Corona 80,” read a letter from Dzimba, Jaravaza and Associates availed by Eng Manatsa during the meeting.

Gweru Mayor Councillor Charles Chikozho confirmed that council had paid for the truck in full. He said the vehicle supplier was being dishonest as the company should have communicated the alleged phasing out of the Nissan UD 80 truck before council paid for it.

“We don’t even know what this alternative is or if it is going to cost more or less the amount we paid. Worse the tender was given to this company because it had told us that it would supply the Nissan UD80 truck and not the Corona 80.

“We have engaged council lawyers with regard to the Nissan UD80 truck and we are not happy with this development as service delivery is being affected,” he said.

Mr Matambo could not be reached for comment.

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