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Zambian Fertilizers sues ZNFU for K2m in unpaid suppliesBy Zondiwe Mbewe on 12 Oct 2018
Zambian Fertilizers Limited has dragged Zambia National Farmers Union (ZNFU) to court for failing to pay the company over K2 million being the value of assorted agricultural fertilizers supplied to them for sale as its agent.
And a money lender has dragged a local businessman to court for failing to pay K136,665 owed to him.
In a statement of claim filed in the Lusaka High Court, October 3, the plaintiff, Zambian Fertilizers, stated that in about 2015-2016 farming season, the company agreed to supply ZNFU with assorted agricultural fertilizers for sale as its agent by the term of an oral agreement.
They stated that it was an express term of the said agreement that all outstanding amounts would attract interest at the rate of two per cent per month until date of final settlement.
The plaintiff stated that pursuant to the terms of the agreement, during the 2015-2016 farming season, they supplied ZNFU with assorted agricultural fertilizers for sale.
They stated that ZNFU was owing the company K2,482,608.29 as at January 31, 2018, plus interest of K1,142,198.42 at the aforesaid agreed rate of two per cent per month for a period of 28 months.
The plaintiff alleged that ZNFU breached the express terms of their agreement when they failed to pay for the goods supplied to them.
“Particulars of the alleged breach of agreement: the defendant had neglected or failed to pay for the goods supplied and delivered to it, failing to pay the agreed interest and ZNFU sold the plaintiff’s inputs under the cosmic relief scheme for cash but has omitted or neglect to remit or deposit the proceeds into the plaintiff’s designated bank accounts contrary to the terms of the agreement,” read the statement of claim.
The plaintiff further stated that on September 18, 2018, they instructed their advocates to write a formal demand letter for the payment of the outstanding sum and interest, but ZNFU had to-date, not paid the said sum, adding that they had suffered loss and damage as a result.
They are now seeking for an order for the payment of K2,482,608.29 being the value of the assorted agricultural fertilizers supplied to ZNFU at its own instance and request for the “Comic Relief” scheme for the 2015-2016 farming season.
They are further seeking for damages for breach of a supply and sale agreement incepted in October, 2015, as well as, K1,142,198.42 being interest in the said sum, costs and any other relief the court may deem fit.
Meanwhile, a money lender has dragged a businessman to court for failing to pay K136,665 owed to him.
In a statement of claim filed in the Lusaka High Court, Christopher Ng’andwe stated that by a written statement on July 21, 2017, he agreed to lend Kennedy Matashi K80,000, which he agreed to pay within three months.
He stated that it was an express agreement that Matashi would pay interest on the sum and the total sum to be repaid would be K136,665.
Ng’andwe stated that despite several reminders, Matashi had refused to pay the money, and as such, he had suffered loss.
He now claims an order that Matashi be compelled to pay the sum of K136,665 being the monies owed, interest, costs and any other reliefs.
About Zondiwe Mbewe
Zondiwe is a vibrant young Zambian journalist who has interest in writing political and current affairs on issues which affect every Zambians. She draws inspiration from journalists who stand for what is right and are not afraid to tell and show the truth to the people.
Email: zondiwe [at] diggers [dot] news
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