Omnia Fertilizer Zambia Limited is exploring an out of court settlement with Maria Zaloumis Nyirenda, popularly known as Zed Farmer, and her Tuzini Farms in the matter it has sued them in the Lusaka High Court over payment of more than US$11,000.
In this matter, Omnia Fertilizer Zambia Limited is seeking payment of US$11,542.98, as well as, enforcement of the directors guarantee and interest on the money.
It has cited Tuzini Farms Limited and farm director Zaloumis as first and second defendants.
Earlier, when the matter came up before High Court judge Etambuya Zimba on December 4, this year, none of the parties were before court.
Justice Zimba gave both parties a benefit of the doubt and adjourned the matter to December 23.
And when the matter came up again on December 23, this year, a lawyer representing Omnia Fertilizer Zambia Limited, a Mr M Nkole of Fraser and Associates, informed the court that the parties had extensively been discussing an out of court settlement.
He added that the same had almost been concluded.
Judge Zimba then adjourned the matter to January 16, for status conference.
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 credit, which request culminated into the farm, on or about August 2, 2017, executing a credit application form.
Omnia Fertilizer 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 Fertilizer, together with interest and costs.
“The plaintiff (Omnia Fertilizer) will rely on the full term and effects of the personal guarantee at trial,” the statement of claim read.
Omnia Fertilizer 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 Fertilizer, 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 their indebtedness with the plaintiff, the plaintiff formally 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.