Health and Child Care minister David Parirenyatwa and Chinhoyi Provincial Hospital superintendent have been sued by a medical goods supplier, Crowrick Distributors (Pvt) Ltd over a $62 000 debt.
BY SILAS NKALA
Crowrick Distributors filed an application at the Bulawayo High Court on July 31, citing the minister as first respondent and Chinhoyi Hospital superintendent as second.
In his founding affidavit, Blessing Zibowa, the company’s director, said the firm issued summons against the hospital under HC1241/10 and an application summary judgment was granted under HC 1534/10.
“Applicant obtained a court order informed by counsel that in terms of section 5 (2) of the State liabilities Act chapter 8:14, the applicant cannot lawfully attach the respondents’ property in satisfaction of the court order since second respondent falls under first respondent, hence, the first respondent is vicariously liable to pay applicant,” the affidavit read in part.
“The applicant now, therefore, approaches this court for an order directing first respondent to exercise this power under section 5(2) of the State Liabilities Act 8:14 to pay applicant from the Consolidated Revenue Fund within 14 days of service, the amount of $62 000 to be paid by second respondent to applicant together with the said interest and costs.”
In its submission of the draft order, the company sought that the court orders that summary judgment should be entered in its favour.
The company also wanted the respondent to be ordered to pay the applicant $62 100 being due for the purchase of goods by the hospital, which were delivered to the hospital at its special instance request.
Crowrick Distributors sometime in 2010 supplied the hospital with various goods for use at the health institution, but the hospital has not paid the arrears, leading the company to file court applications to demand payment.
Parirenyatwa and the hospital are yet to respond to the current application.