LEADING diamonds miner, Mbada Diamonds, has been taken to court for failing to pay $25 000 to a firm which supplies pet food, dips and vaccines for its security dogs.
BY CHARLES LAITON
In its summons filed at the High Court under case number HC6457/15, Veterinary Distributors claimed that Mbada Diamonds had refused, neglected and/or failed to pay the debt since last year.
“During the period from November 2013 to June 2014, the plaintiff sold and delivered dog dip and pet food to defendant at the latter’s specific instance and request, statements showing how the sum of $25 520 is arrived at are attached hereto,” the firm said.
“Despite due and proper demand on June 11, 2015, the defendant (Mbada) has neglected, refused and/or failed to pay the sum of $25 520.”
In its response, Mbada Diamonds urged the court to dismiss the claim, saying the prices charged by the firm were overpriced contrary to its understanding for its engagement and were in contravention of the Consumer Contracts Act.
“The charges levied by the plaintiff are exorbitant and in contravention of the provisions of the Consumer Contracts Act . . . the defendant pleads the provisions of the Consumer Contracts Act, and shall pray for the court to interfere with the contract as it was unjust, and violates the protection offered in terms of the Act,” Mbada Diamonds said.
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The gems firm added: “The defendant disputes the correctness of the amount being claimed by plaintiff (Veterinary Distributors) . . . it is for this reason that the defendant challenges the plaintiff to prove the basis of its accounts, and the correctness thereof.”
The matter, however, is still pending in court and is set to be heard before High Court judge Justice November Mtshiya for determination.
