Shared Petroleum is demanding over N$4 million from In Touch Cargo company after the latter allegedly failed to pay for the product in more than three years.
In papers filed at the High Court, Shared Petroleum Manager and Chief Operations Officer Craig Thompson claims that his company supplied fuel to In Touch cargo between October 2015 until December 2018 on credit.
“As at 14 August 2018 the first defendant was indebted to us in an amount of N$4,264,206.52 being the balance of the purchase price for fuel supplied and not paid. The parties on and during August 2018 concluded an oral agreement at Walvis Bay when we greed that In Touch would make payment of the balance of the capital at interest in monthly instalments of between N$200,000 and N$300,000 per month for 6 months where after In Touch cargo would increase its monthly payments to N$500.000 per month,” he said.
In the matter in which Gideon Oberholzer, Wilhelm Laubscher and one Anton Pretorius have also been listed as respondents, Shared petroleum contends that Pretorius admitted the liability of the company, In Touch Cargo, in the amount of N$ 4,264,206.52, and that the agreement was further that if any payment isn’t made on time, the full outstanding balance and interest would become immediately due and payable.
“During the period 3 December 2018 to August 2019 we further supplied fuel to the first defendant on the cash basis. The first defendant did not maintain the balance of credit and fell into arrears. As at 1 August 2019 the further balance due and payable amounted to N$ 723 485.83. Despite due demand by plaintiff for payment of the sum of N$3,749,189.24 on 29 February 2020, In touch Cargo has failed and refused to pay the outstanding amount, or any part thereof to us,” the plaintiff maintains.
Thompson further alleges that upon “careful recalculation” of the actual amount due, owing and payable by In Touch Cargo on 28 February 2021, on 1 March 2021 Shared Petroleum issued a Certificate of Indebtedness Incorporating Suretyship reflecting the amount due and payable by In Touch Cargo to be N$5,795,362.68 plus a further interest at the rate of 20% interest per annum.
A copy of the Certificate of Indebtedness has also been filed in the High Court.
“In Touch Cargo was unjustifiably enriched, at our expense, by having received the fuel dispensed to them, involving a cost of N$3,749,189.24 without making payment of such sum to us. The plaintiff and the first to fourth defendants were all parties to the agreement regulating the purchases and delivery of fuel to in touch cargo,” the plaintiff further argued.
