Omnia Fertilizer Zambia Limited has dragged Maria Zaloumis Nyirenda, popularly known as Zed farmer, and her Tuzini Farms to the Lusaka High Court demanding payment of over US$11,000.
Omnia Fertilizer Zambia Limited is seeking payment of US$11,542.98, as well as, enforcement of directors guarantee and interest on the money.
It has cited Tuzini Farms Limited and farm director Zaloumis as first and second defendants.
In a statement of claim filed in the Lusaka High Court recently, Omnia Fertilizer Zambia Limited stated that it was a company carrying on or conducting business for the provision of fertilizer.
It added that Tuzini Farms was their client.
Omnia Fertilizer stated that between 2017 and 2019, the defendant maintained an account with it for the supply and delivery of agricultural inputs at a chargeable fee for cash and/or on credit basis.
It further stated that in the course of the business relationship between them, Tuzini Farms requested for a credit facility wherein it would be availed products on a credit basis, which said request culminated into the farm executing a credit application form on or about August 2, 2017.
Omnia Ferlizer stated that the farm’s request was granted.
It further stated that as security for any product that would be supplied to the farm in the future, Zaloumis executed a personal guarantee in favour of the farm for all monies which shall at any time be due to Omnia Ferlizer, together with interest and costs.
“The plaintiff (Omnia Ferlizer) will rely on the full term and effects of the personal guarantee at trial,” the statement of claim read.
Omnia Ferlizer stated that pursuant to the agreement aforementioned, it issued sales orders and goods release notes to the defendants with respect to agricultural inputs supplied and delivered.
“Full particulars exceeding three folios in length have since been delivered to the farm,” read the statement of claim further.
Omnia Ferlizer, however, stated that despite having taken delivery of the inputs and receiving notice of outstanding balances on it’s account and making several payments towards the same, there was and still is outstanding on the farm’s account the sum of US$11.542.98.
“Owing to the defendants unwillingness to settle it’s indebtedness with the plaintiff, the plaintiff formerly issued a demand requesting the settlement of the debt through its advocates. The defendant has to date and not withstanding due and lawful demands for full and immediate settlement of the balance outstanding aforesaid, failed and or neglected to make payments to the plaintiffs despite the demand,” read the statement of claim.