A LOCAL businessman, Chester Mhende, who was last year taken to court by former Reserve Bank of Zimbabwe (RBZ) governor, Gideon Gono’s Lunar Chickens (Pvt) Ltd, over a $104 000 debt, says he will not settle the amount because the claim had lapsed according to law.
BY CHARLES LAITON
In his response to the claim, through his lawyers, Mandizha and Company, Mhende said: “The defendant (Mhende) specially pleads that taken and read as the claim currently stands, the same has prescribed leaving plaintiff (Lunar Chickens) with no recourse to the courts.
“The defendant, accordingly, specifically pleads that the claim should be dismissed with costs.”
Mhende also entered the same response to yet another company cited in the court papers as RT Feeds Enterprises, which was seeking to compel him to pay $56 940 for the chicken and stock feeds supplied in 2011.
In the summons, Lunar Chickens said during the year in question, it entered into an agreement to sell to Mhende chickens for $104 100 and the businessman was required to pay within a stipulated time upon delivery.
“Despite numerous demands being made by the plaintiff (Lunar Chickens) for defendant (Mhende) to pay, the defendant has failed, neglected or refused to pay the said sum,” Lunar Chickens said.
According to RT Feeds Enterprises, it also entered into an agreement with Mhende and supplied various quantities of chicken and stock feeds at his request.
“In 2011, the parties entered into an agreement in terms of which the plaintiff (RT Feeds) sold to the defendant (Mhende) various quantities of chicken and stock feeds valued at $56 940.
“It was a term of the agreement that the defendant would pay for such products within a stipulated time after delivery. Despite numerous demands being made, the defendant has failed, neglected and/or refused to pay the said purchase price.”
Both matters are still pending before the court.