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BMC’s P14m claim falls flat in court

In its application, BMC described the payments at different points as 'prepayments', 'upfront payments', and loans
In its application, BMC described the payments at different points as 'prepayments', 'upfront payments', and loans

The Botswana Meat Commission's (BMC) bid to swiftly recover more than P14 million from Walgreen Investments has hit a legal brick wall, after the High Court found that the state-owned meat processor’s own papers presented a contradictory and incomplete case.

BMC told the court that the payments arose from an oral agreement concluded between the parties in January 2016. In a recent ruling, Justice Dr Zein Kebonang refused BMC’s application for summary judgment over its claim for P14,069,875.04, ruling that the commission had failed to properly establish the cause of action on which its claim rested. The ruling exposes a fundamental problem in BMC’s case, as the commission could not settle on what the millions paid to Walgreen actually were.

In its application, BMC described the payments at different points as 'prepayments', 'upfront payments', and loans.

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