Farmers Nest submits protest letter in K708,000 case
By Thandizo Banda
THE case between Zambia China Mulungushi Textile Limited (ZCMT) and Farmers Nest Construction Limited before the Kabwe magistrates court has taken a new turn with the latter submitting a protest letter.
ZCMT is claiming K708,030 from Farmers Nest for undelivered materials and unpaid rent for a warehouse leased from ZCMT.
The dispute revolves around a contract for the supply of building materials for a fence at ZCMT’s premises in Kabwe, with Farmers Nest allegedly failing to deliver the materials despite receiving K1.5 million.
Farmers Nest to Construction Limited chief operations officer Masuzyo Banda in an affidavit in reply in opposition to summons by the plaintiff to dismiss action for forum shopping and want of jurisdiction, has tendered before court a protest letter marked MB1, expressing displeasure with the manner the plaintiff’s Mr Ju and Mr William instructed the defendant to (re) transfer the funds, within days of signing the Agreement/Contract (marked DM1 in the Affidavit Verifying Debt).
The letter dated 11th March 2025, read in part;”Iam writing to formally express our deep concern and dissatisfaction regarding recent transactions”…”We hereby request your urgent intervention and clarification on the matter.We specifically seek proof that our company failed to fulfill its obligations, considering that we only received an LPO for K40,000.
The Defendant further contended that that the forgoing excerpts are not an agreement or admission to refund, but a protest of the instructions of the refund, and an express denial of liability, as confirmed in the Defence.
“Infact the instructions by Mr. Ju and Mr. William amount (ed) to a repudiation of DM1, for which the Defendant wil pursue counter claims at an appropriate time and in forum vested with jurisdiction to determine disputes arising out of or in connection with the Agreement/Contract (DM1).
The Defendant further argued that the Default Writ of Summons does not refer to any (purported) agreement to refund any sums herein or any admission of liability by the Defendant.
“There is no agreement by the parties to refund the sums alleged,” it stated.
It however stated that clause 13.0 of the Agreement/Contract (DM1) provides that all disputes arising out of or in connection with the contract shall ultimately be settled by Arbitration.
The Defendant stated it is not in dispute that DM1 relates to materials listed in clause 2.2 being cement, river sand,crushed stones, 6″ blocks and gravel.
