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WORLD VISION’S E900 000 AFRI CIVILS SUIT

15/07/2020 00:35:00 BY ASHMOND NZIMA

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MBABANE – World Vision is demanding over E900 000 for alleged overpayments and related costs made to a supplier.

The defendant is Irrigation for Africa, trading as Afri Civils. The latter’s principal place of business is said to be located at Lugaganeni just outside Manzini. The company is said to be specialising mainly in the supply and installation of irrigation infrastructure.

According to World Vision’s particulars of claim, on or about September 28, 2017 and June 10, 2019 in Mbabane, the two parties concluded written contracts for the Shewula Micro Water Scheme to the tune of E6 999 803.86 and Zandondo Water Supply Scheme for a sum of E1 137 338.98. The defendant was reportedly to construct water infrastructure for the Shewula and Zandondo communities.

Additionally, according to the court papers, Afri Civils was reportedly contracted to render services and supply materials in respect of Zandondo Water Supply Scheme Project Phase 3.
“It was material term of the agreement that the defendant would render the services prescribed in the contract and also supply the requisite infrastructure for the projects.

“It was also material term of the agreement that the plaintiff would accordingly make payment to the defendant for the services provided and the requisite infrastructure supplied by the defendant,” alleged World Vision.

Material

According to the court papers, at all material times the defendant had a duty to render services and supply material in terms of the contract prices and/or agreed prices with the plaintiff.

“The defendant accordingly rendered the agreed services as well as supplied the requisite for the completion of the above referred projects. On/about May 1, 2020, plaintiff discovered that there were discrepancies in payment made to the defendant in respect of the services rendered and infrastructure supplied,” alleged World Vision.

The discrepancies reportedly manifested in several ways. World Vision alleged that it discovered, towards the end of the Zandondo Phase 3 project, that there had been an overpayment amounting to E193 271.70.

“The plaintiff having advanced payments to the defendant, which payments in terms of the contract bills of the quantities for the Zandondo Water Supply Scheme Project Phase 3, is therefore entitled to be repaid the E193 271.70 which was in respect of the overpayment based on the difference in cost of work specified in the signed contract,” reads the claim in part.

Regarding the Shewula Micro Water Scheme Project, World Vision claimed it discovered that there had been overpayments it made to the defendant. The overpayments reportedly amounted to E521 186.01.

“The plaintiff, in essence, discovered that the As-Built or measured quantities are less than the work specified in the signed contract BoQ and invoiced by the defendant and as a result thereof, the plaintiff suffered a loss amounting to E521 186.01 in respect of the Shewula Micro Water Scheme Project.
“The plaintiff also suffered stock loss amounting to E215 799.60 which was a result of the over estimation of stock handed over to it by the defendant,” alleged World Vision.

These are allegations contained in particulars of claim whose veracity is still to be tested in court.
In the court papers, World Vision alleged that it suffered a composite loss amounting to E930 256.68, which is in respect of the two projects.

enriched

“The defendant was, as a result, enriched at the expense of the plaintiff. The defendant is therefore indebted to the plaintiff in a sum of E930 256.68, which amount is due, owing and payable to the plaintiff,” claimed World Vision.

World Vision alleged that despite lawful demand, the defendant was reportedly refusing to effect payment. The former prays for an order instructing the defendant to pay the said amount and interest on the sum at a rate of 9 per cent a tempore morae.

Explanation latter, an online dictionary says if a debtor’s obligation is to pay a sum of money on a stipulated date and he is in mora in that he failed to perform on or before the time agreed upon, the damages that flow naturally from such failure will be interest a tempore morae or mora interest.
World Vision is being represented by Musa M. Sibandze.