Capital Ethiopia Newspaper

Verdict given in famous flower firm case

The Federal High Court Sixth Civil bench gave on December 22, 2011 a judgment implementation verdict in the case of Axum Greenland Private Limited Company against Holeta Rose Private Limited Company ordering the defendant Holeta Rose PLC to pay 1.183 million birr worth of unpaid money the court had earlier granted to be paid to the plaintiff Axum Greenland PLC.
Axum Greenland PLC in a July 1, 2009 civil suit had alleged that the Holeta Rose PLC had bought 1,859,863 birr worth of various chemicals from it and verified the purchase in May 5, 2008 document having the defendant’s stamp on it, and that after the purchase despite repeated attempts to contact it to pay the money for the purchase of chemicals Holeta Rose PLC refused.
Axum Greenland  therefore had wanted 1,859,863 birr plus interest rate and legal costs the plaintiff had incurred to bring the case to the court.
The court in an April 5, 2010 session had said that even though it had verified that Holeta Rose had received the civil suit charge with notice stating Holeta Rose had to bring and state its defense statement, and if it fails to present it a judgment in favor of the plaintiff will be given, Holeta Rose failed to respond to the court notice and present its defense statement.
The court as such decided that in the absence of the defendant’s motion for defense and it not being absent to present its defense statement ordered the defendant to pay 1,859,863 birr plus legal nine percent interest starting from the date of the case instatement on July 1, 2009.
The court had also ruled that almost 115 thousand birr in legal costs and loss as well as lawyer service cost incurred by  Axum Greenland PLC to be paid by  Holeta Rose PLC plus an additional five percent of  its stated unpaid amount according to the two sides agreement and judgment costs to also be covered by the defendant.
However Axum Greenland on November 14, 2011 asked the court to order the implementation of the judgment stating that the defendant had agreed with it to pay the money awarded by the court in a monthly installment of 127,695 birr per month and as of February 2011 had paid 952,738 birr of the 1,974,804 birr in total the court had ruled in favor it.
Its charge then said the defendant as of that month refused to pay the remaining 1,022,065 birr plus nine percent interest amounting to 160,975 birr the court had ordered the defendant to pay to the plaintiff.
The court on November 23, 2011 ordered the defendant Holeta Rose to present its reason for not complying with the court order for December 22, 2011.
The defendant was absent from the   December 22, 2011 session of the court which the court ruled that the remaining about 1.183 million birr of unpaid money plus interest to be paid to the plaintiff and when the National Bank of Ethiopia to deduct money from what the defendant gets in revenue from flower sales to pay for the money awarded to the plaintiff.