A LOCAL firm, PM Manufacturing, has been ordered to pay a fertiliser manufacturing firm, ZFC limited, over $390 000 in a summary judgment delivered by High Court judge Justice Lavender Makoni on Friday.
CHARLES LAITON
The judgment by Justice Makoni came about after ZFC served PM Manufacturing firm with summons in July last year when the latter failed to settle a fertiliser and chemical debt amounting to $390 250.
PM Manufacturing firm, which was represented by advocate Fadzayi Mahere, entered an appearance to defend notice, prompting ZFC limited which was represented by advocate Thabani Mpofu, to apply for a summary judgment which eventually was granted by Justice Makoni.
According to the court papers, between December 2011 and April 2012, ZFC sold fertiliser and chemicals on credit to PM Manufacturing firm at its request. The court heard the whole amount was due and payable by April 13 last year.
It is said at the material time when ZFC sold the fertiliser to PM Manufacturing firm, one Patrick Makava signed an acknowledgement of debt on behalf of the latter.
“The second defendant (Makava) signed an acknowledgement of debt on behalf of the first defendant (PM Manufacturing) acknowledging being indebted to the plaintiff (ZFC) in the sum of $400 250, the capital sum, interest and collection commission on June 11 2012,” read the court papers.
“Notwithstanding the 1st and 2nd defendant’s undertaking in terms of the acknowledgement of debt, the defendant has only paid the sum of $10 000 and therefore remains indebted to the plaintiff to the sum of $390 250 together with interest and costs.”
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After realising that PM Manufacturing had failed to pay the debt, ZFC approached the court and the matter was heard under case number HC8069/12.
