Surya Energy Limited v Jumulo Group Limited (2022/HP/1642) (12 December 2023) – ZambiaLII

IN THE HIGH COURT FOR ZAMBIA 2022/HP/1642 AT THE PRINICPAL REGISTRY HOLDNE AT LUSAKA (CIVIL JURISDICTION) BETWEEN: SURYA ENERGY LIMITED PLAINTIFF AND JUMULO GROUP LIMITED DEFENDANT Before: The Honorable Mr. Justice Charles Zulu For The Plaintiff: Ms. T.S. Mvula & Ms. P.S. Maluti, of Ituna Partners. Defendant: No A earance. pp JUDGMENT Legislation referred to: 1. The High Court Rules, Chapter 27 of the Laws of Zambia. 1.0 INTRODUCTION 1.1 The Plaintiff, Surya Energy Limited, took out a writ of summons and statement of claim dated October 17, 2023, against the Defendant, Jumulo Group Limited. The Plaintiff's claim is for the sum of K211, 110.0 0, allegedly being the unpaid balance for the supply of diesel. The Defendant in its defence, denied owing the Plaintiff, and stated that the Defendant never entered into a contract with the Plaintiff for the alleged supply of diesel. 2.0 ORDER FOR DIRECTIONS/HEARING 2.1 An order for directions was issued dated October 13, 2023. The Plaintiff fully complied, but the Defendant did not. Even on the date set for trial, the Defendant was inexcusably absent. Having being satisfied that the Defendant was duly notified of the date of trial, I proceeded to hear the Plaintiff's case pursuant to Order XXXV r. 3 of the High Court Rules, Chapter 87 of the Laws of Zambia, which provides: If the plaintiff appears, and the defendant does not appear or sufficiently excuse his absence, or neglects to answer when duly called, the Court may, upon proof of service of notice of trial, proceed to hear the cause and give judgment on the evidence adduced by the plaintiff, or may postpone the hearing of the cause and direct notice of such postponement to be given to the defendant. 2.2 The only witness for the Plaintiff was Melepurth Manoj Kumar, the Business Development Manager in the employ of the Plaintiff. He relied on his witness statement dated October 27, 2023. 2.3 He stated that on September 8, 2021, the Plaintiff and the Defendant agreed that the Plaintiff would supply to the Defendant, 20, 000 litres of diesel at the pnce of K308, 000.00. In support of this assertion, he produced a Tax Invoice, numbered SEL/101193/21 dated September 11, 2021. Wherein the quantity of diesel was recorded to be 20, 000 litres valued at K308.000.00. -J2- · 2.4 He added that, the Defendant only made payments in three parts, thus: K37, 500.00 paid on October 26, 2021, K50, 000.00 paid on November 8, 2021 and Kl0, 000. 00 paid on February 1, 2022. According to the witness, the unpaid balance was K210, 500. 00. And a Ledge Account was produced. 3.0 DETERMINATION 3. 1 Having carefully considered the witness statement and the documentary evidence produced herein, I am satisfied that in September, 2021, the Plaintiff and the Defendant entered into an agreement, whereby the Plaintiff agreed to sell, and the Defendant agreed to buy diesel from the Plaintiff. The agreed quantity was 20, 000 litres valued at K308, 000.00. The defence that no such agreement existed between the parties, is unfounded. 3.2 The only amount the Defendant paid towards liquidating the debt was a total of K97, 500.00. And the balance as stated by the witness stood at K210, 500.00. The Plaintiff has proved this amount on a balance of probabilities. 4.0 CONCLUSION 4. 1 In the light of the foregoing, judgment is entered in favour of the Plaintiff in the sum of K210, 500.00. The adjudged sum shall carry interest at the average short term deposit rate from the date the writ of summons was issued to the date of judgment, and thereafter at the commercial lending rate until final payment. -J3- · ' 4.2 There was no evidence produced to separately support the other claims, for breach of contract and damages for inconvenience. They thus stand dismissed. 4.3 Costs for the Plaintiff, to be taxed in default of agreement. 4.4 Leave to appeal is granted. DATED THE 12™ DAY OF DECEMBER, 2023. •• •• • • • • • • • • • • • •• • •• • • • • • •• • •• • • • •• •• • • • • • •••••••eh•••••••••••• THE HON. MR. JUSTICE CHARLES ZULU. -J4-