By CHINTU MALAMBO
Farmer, Maria Zaloumis Nyirenda, and her Tuzini Farms have been sued by Omnia Fertiliser Zambia Limited over non-payment of more than US11, 000 dollars.
Omnia Fertiliser Zambia Limited, which has cited Tuzini Farms Limited and farm director Zaloumis, as first and second defendants respectively, is claiming payment of US$11,542.98, enforcement of directors’ guarantee and interest on the money.
According to a statement of claim filed in the Lusaka High Court recently, Omnia Fertiliser Zambia Limited stated that it was a company carrying on or conducting business for the provision of fertilizer while Tuzini was their client.
Omnia stated that between the period 2017 and 2019, the defendant maintained an account with the plaintiff for the supply and delivery of agricultural inputs at a chargeable fee for cash and or on credit basis.
The plaintiff stated that in the course of the business relationship, between the plaintiff and the defendants, Tuzini requested for a credit facility wherein it would be availed products on a credit basis which said request culminated into the farm on about August 2, 2017, executing a credit application form.
Omnia stated that the farm’s request was granted and further more 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 the plaintiff together with interest and costs.
“The plaintiff will rely on the full term and effects of the personal guarantee at trial,” the statement of claim further read.
Omnia stated that pursuant to the agreement aforementioned, sales orders and goods release notes were issued by the plaintiff to the defendants with respect to agricultural inputs supplied and delivered.
Omnia stated that full particulars exceeding three folios in length have since been delivered to the farm.
The plaintiff stated despite having taken delivery of the inputs and receiving notice of outstanding balances on its 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.
Omnia stated that owing to the defendants’ unwillingness to settle its debt with the plaintiff, it formally issued a demand requesting the settlement of the debt through its advocates.
The plaintiff stated that 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.