Zimbabwe Defence Forces (ZDF) Commander Constantino Chiwenga’s former wife, Jocelyn, has been taken to court by Tian Ze Tobacco Company seeking to recover nearly $100 000 for inputs supplied to her.
Source: Jocelyn Chiwenga sued for $99k farming inputs – NewsDay Zimbabwe February 18, 2017
BY CHARLES LAITON
The company issued the summons against Jocelyn on February 3, accusing her of having failed to fulfil her contractual obligations pertaining to the agricultural inputs she obtained four years ago.
According to the court papers, on April 23, 2013, the company and Jocelyn entered into a tobacco farming contract in terms of which the firm was to supply $286 400 worth of tobacco inputs for the 2013-2014 season.
“The tobacco farming contract had the following material and express terms; that the defendant [Jocelyn] had to deliver for sale to the plaintiff (Tian Ze): 240 000 kilogrammes of good quality tobacco, to ensure that all tobacco grown under the agreement was sold to the plaintiff only, that the defendant was not to engage in side-marketing of the tobacco produced under the agreement.
“That defendant was obliged to acknowledge receipt and sign for inputs provided by plaintiff and to prepare and deliver tobacco for sale to the plaintiff within the selling period specified by Tobacco Industries and Marketing Board,” Tian Ze said in its declaration.
“In breach of the contract, the defendant failed to deliver the expected quantity of tobacco for sale to the plaintiff and has thus accumulated a debt of $99 014 for the inputs already supplied and delivered to the defendant.”
According to Tian Ze, as from the period ending September 30, 2014 to October 20 last year, Jocelyn’s loan account statement had remained with a negative balance as a result of her failure to deliver the expected quantity of tobacco.
“Despite demand, the defendant has refused, failed and/or neglected to pay the outstanding balance of $99 014,21,” Tian Ze said.
Jocelyn, however, has since entered an appearance to defend notice and is prepared to challenge the claim as and when the matter begins in court.
COMMENTS