Tench (Trading as Tenctronics Communicatons) v Zabaneh

• Jurisdiction: Belize
• Judge: Shanks, J.
• Judgment Date: 19 April 2000
• Docket Number: 75 of 1994
• Court: High Court (Belize)
• Date: 19 April 2000

High Court

Shanks, J.

75 of 1994

Tench (Trading as Tenctronics Communicatons)

and

Zabaneh

Appearances:

Mr. Andrew Marshalleck for the plaintiff.

Mr. Fred Lumor for the defendant.

Contract - Agreement for the supply and installation of radio equipment — Defendant claimed that equipment was faulty — Failure of defendant to satisfy outstanding invoice balance — Finding that the defendant was liable to pay as he failed to show on the evidence that there was any thing wrong with the equipment.

Shanks, J.

1 This is a claim for $21,172, being the balance outstanding on an invoice number 682 dated 6 October, 1993 for radio equipment and installation expenses arising from the provision to the defendant by the plaintiff of a complete repeater radio network linking the defendant's various sites in Belize, Stann Creek District and Punta Gorda A repeater network works by each of the radios sending signals to a repeater and the repeater sending the signal back to the radio being spoken to. It allows radios to speak to each other over much larger distances than a conventional two——way radio system. The plaintiff has various facilities at Mountain Pine Ridge where a repeater can be installed. By the time of the trial the only items in issue between the parties were as follows:

(1) Kenwood 50W Repeater	5,400.00
(2) 1 4—dipole Antenna (Rpt)	1,145.00
(3) 2 Kenwood TK—2400 24 channel hand held radios	1,850.00
(4) 2 rapid chargers for use with item (3)	560.00
(5) Modification of 4 existing radios	360.00
(6) Transportation Dangriga & Punta Gorda	2,687.00
(7) Subsistence and lodging 850.00 (8) Additional labour	300.00

2 The chronology based on uncontested facts of documentary evidence was as follows:

Mr. Tench and Mr. Irving gave evidence supplementing this chronology. Although Mr. Irving was a colourful and amusing witness, I generally preferred the evidence of Mr. Tench, who was more measured and careful, when it I came to disagreements between them as to what had happened.

21 June 1993	Plaintiff quotes for cost of radio equipment necessary to set up network.
July 1993	First batch of equipment imported.
August 1993	Equipment installed: there are various problems and rectifications required particularly in relation to Punta Gorda.
13 September 1993	Additional equipment imported.
6 October 1993	Bill rendered by plaintiff.
18 October 1993	The defendant's Head of Operations Mr. Irving writes a fax to the plaintiff. He asks the plaintiff to come for a meeting. It states “The repeater is not working satisfactorily therefore we will explore the possibilities of installing our own tower at one of the farms.” He complains about the charges for transportation, subsistence and lodging. And he asks for various further items of equipment to be delivered or quoted for.
21 October 1993	Meeting between plaintiff and Mr. Irving.
22 October 1993	Revised invoice halving transportation, subsistence and Iabour costs.
29 October 1993	Plaintiff writes letter to defendant complaining that invoice is not paid and that defendant appears to be avoiding issue and mentioning an agreement reached on 21 October 1993 that the plaintiff would halve the amount charged for the transport, subsistence and labour costs and Mr. Irving would instruct the accountant to make payment on 22 October 1993.
7 December 1993	Mr. Irving sends fax saying that he is sending a radio to be repaired. It also states “we have been having functional problems with the repeater e.g. low power output at time.” There is complaint about the system at Independence and then the letter asks the plaintiff to come to Dangriga “so that we can...