A LOCAL fertiliser manufacturing firm, Ferts, Seed and Grain (Pvt) Ltd, has obtained a writ of execution from the court seeking to attach Nico Orgo Zimbabwe’s property in a bid to recover over $2,4 million owed in a botched fertiliser deal.
BY CHARLES LAITON
The fertiliser manufacturing firm is also seeking to recover the same amount from two businessmen, Bhasker Patel and Sylvester Tsikisayi, who were part of the fertiliser deal when Nico Orgo sourced the product from the manufacturers in Chitungwiza in 2013.
Ferts, Seed and Grain (Pvt) Ltd also accused Nico Orgo and the two businessmen of carrying out reckless business which resulted in them failing to pay for the sourced product.
“In as far as this transaction is concerned, the business of the first defendant (Nico Orgo) was being carried out recklessly and or with gross negligence because all fertiliser supplied by plaintiff (Ferts, Seed and Grain (Pvt)) was sold and the money realised was converted to other use instead of paying the plaintiff,” the firm said.
“Had the second and third defendants (Patel and Tsikisayi) who were active participants in the business, acted in a careful manner they would have paid the purchase price to the plaintiff and retained their mark-up.”
In breach of the agreement, the firm said Nico Orgo and its officials had reneged to pay a total of $2 470 014,50 within the agreed period prompting the fertiliser manufacturing firm to approach the court for recourse.
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In the court papers Ferts, Seed and Grain (Pvt) Ltd said in 2013 it was represented by Steve Morland while Nico Orgo was represented by Patel and Tsikisayi, when the parties entered into an oral agreement for the supplying of fertiliser to Nico Orgo on credit.
“For the period ranging from October 18 2013 to July 2015 the plaintiff, in pursuit of the above-said agreement supplied several tonnes of fertiliser to the first defendant which in turn made a number of payments,” the firm said.
“Despite having received the supplies of fertiliser they requested, the defendant’s last payment was on June 28, 2015. The defendants have been evasive and have even refused to state how they intend to liquidate the debt.”
On July 28 Ferts, Seed and Grain requested for a default judgment and the court ruled in its favour and on August 10 an order was issued by Justice Lavender Makoni after striking off Nico Orgo’s plea filed on June 12, 2016.
