CHOMBA MUSIKA
Lusaka
ZAMBIA China Mulungushi Textiles Limited (ZCMT) has sued Farmers Nest Construction Limited, demanding over K700,000 in outstanding balance for undelivered materials and unpaid rentals.
The undelivered materials are for construction of a fence at ZCMT premises in Kabwe, which is earmarked for reopening this year.
In a statement of claim before the Kabwe High Court, ZCMT has cited Farmers Nest Construction Limited as the defendant.
In an affidavit verifying the debt, ZCMT procurement manager David Moyo has submitted that on September 27, 2024, ZCMT and Farmers Nest Con-struction Limited entered into an agreement.
Mr Moyo says the agreement was for the supply of building materials, which were to be delivered to the plaintiff for construction of a 16-kilometre perimeter wall around its property in Kabwe.
“Pursuant to the agreement, on October 1, 2024, the plaintiff did pay in full the sum of K1,500,000 to the defendant for the supply and delivery of building materials, of which the defendant duly acknowledged,” he submits.
Mr Moyo says despite receiving K1.5 million, Farmers Nest Construction Limited had only delivered building materials worth K52,000.
“Despite numerous and repeated reminders to the defendant to deliver the materials as contracted, it failed to honour the agreement and subsequently agreed to refund the plaintiff the sum of money advanced to it,” he states.
Mr Moyo submits that regardless of the defendant agreeing to refund the full amount of the balance, the construction firm has only refunded K900,000, leaving an outstanding balance of K600,000.
“Despite several requests and demands through various correspondences for the outstanding balance to be paid, the defendant has neglected and/or failed to settle the outstanding balance,” he says.
Mr Moyo further submits that additionally, Farmers Nest Construction Limited was leasing a warehouse which belongs to the plaintiff and has an outstanding balance of K108,030 in unpaid rent for March and August 2025.
On March 27, 2025, ZCMT lawyers officially wrote the defendant demanding the immediate payment of the outstanding balance for the undelivered materials and unpaid rent totalling K708,030.
“The defendant is justly indebted to the plaintiff and has no defence to the claim,” Mr Moyo submits.
ZCMT has urged the court to compel Farmers Nest Construction Limited to pay the remaining balance and rentals due.
But in response, Farmers Nest Construction Limited has urged the court to dismiss the lawsuit for forum shopping and want of jurisdiction….https://enews.daily-mail.co.zm/welcome/home
