DAYOW Beef Company has sued Legana Investment Limited in the Lusaka High Court, demanding payment of K177,661 for the supply of meat products.
According to a statement of claim filed in the High Court principal registry, Dayow Beef Company is also seeking an order that Legana Investment Limited be ordered to pay damages for breach of agreed terms, interest and any other relief the court might deem fit.
The plaintiff stated that on various days but between December 2017 and February 2018, Legana Investment Limited ordered meat products worth K197,661 which the plaintiff supplied and issued invoices.
Dayow stated that the first was invoice no. 0446 dated December 24, 2017 in respect of 1,512.8 kilogrammes of beef carcasses worth K37,820 while the second was invoice no. 0448 dated January 2, 2018 for 1,003.6 kilogrammes of beef carcasses worth K25,087.50.
According to the plaintiff, they issued the third invoice was no. 0449 dated January 4, 2018 for 814.2 kilogrammes of beef carcasses worth K20,355 while the fourth was no. 0450 dated January 16, 2018 for 1,040.6 kilogrammes of beef worth K26,022.50 and invoice no 0453 dated January 19, 2018 for 1,000 kilogrammes of beef carcasses worth K25,000.
The plaintiffs stated that they also Dayow Beef Company Limited further stated that they also issued no. 0455 dated January 31, 2018 in respect of 800.6 kilograms of beef worth K19,214.40 and another invoice no. 0456 dated February 5, 2018 in respect of 500. 9kilograms of beef carcasses of beef worth K12,021.60.
Dayow stated that the meat products were supplied under the terms that Legana Investment Limited would make payment and honour the invoices within seven days from the date of invoice and supply of meat products.
The plaintiffs however, stated that Legana bluntly breached the agreed terms and owes them K197,661 as of November 2018.
The plaintiffs further stated that about December 14, 2018, the defendant made a commitment to liquidate its indebtedness by way of standing order with its bank, Indo-Zambia Bank.
Dayow stated that the defendant equally disregarded the commitment to pay through a standing order and has to date only paid K20,000 leaving a balance of K177,661.
“Despite acknowledging its indebtedness to the plaintiff and despite several reminders to liquidate the said balance of K177,661.00, the defendant has refused and/or neglected to make good its indebtedness to the plaintiff much to the detriment of the plaintiff,” stated Dayow