The Sunday News
Dumisani Nsingo, Senior Reporter
MATABELELAND North Province safari operator Mr Langton Masunda is suing a South African businessman for breach of contract involving the hunting and selling of four elephants at a cost of about US$120 000.
In a letter through his lawyers, Mutuso, Taruvinga and Mhiribidi Attorneys of which Sunday News is in possession of, Mr Masunda is suing the South African nationality, Elske Burger and his company Paarklip Trading CC to the tune of US$88 000 being damages he said he suffered as a result of defendants’ breach of contract and consequent cancellation of the same.
According to court papers, the parties entered into an agreement on 10 April 2018 whereupon Mr Masunda was supposed to sell four elephants comprising one bull and three cows at a total cost of US$116 000 from a hunting expedition at his Gwayi premises. However, the defendants are said to have failed to pay the US$58 000 by the time the agreement was reached as per the contractual agreement.
“The defendants were obliged by Article 2.2 of the contract to pay US$58 000 immediately upon signing of the contract to the designated account. The defendants breached this article as they failed to pay the contract price by 10 April 2018. The outstanding balance was to be paid immediately upon the elephants being captured and secured in the boma (enclosure). Article 5 of the contract regulated that elephants were supposed to be captured and secured in the boma by the 31st July 2018,” read part of the document.
The letter further states that owing to the failure by the defendant to hunt the elephants and consequently cancellation of the contract, Mr Masunda subsequently lost out on another hunting offer worth US$88 000.
“As a result of the parties’ contract Plaintiff was hindered or constrained from entering into any hunting or capturing contracts until such time that defendants would have captured and secured the four elephants. Plaintiff repudiated a hunting offer of elephants which could have earned him the sum of US$88 000. Had Plaintiff accepted this offer, and but for the contract, his patrimonial estate would have been increased by US$88 000,” read the letter.
It further states that: “Plaintiff estate is smaller now than it would have been if the contract was never signed, breached and cancelled.”
@DNsingo
