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GRACE CHAILE-LESOETSA Writes @SunZambian MABIZA Resources Limited (MRL) has asked the Lusaka High Court to use its jurisdiction and discretion to order that the judgment sum awarded to Nashi Explosives Limited amounting to more than US$189, 000 be paid in installments. MRL submitted that the Court exercise its discretion and grant it an order to […]
GRACE CHAILE-LESOETSA Writes @SunZambian
MABIZA Resources Limited (MRL) has asked the Lusaka High Court to use its jurisdiction and discretion to order that the judgment sum awarded to Nashi Explosives Limited amounting to more than US$189, 000 be paid in installments.
MRL submitted that the Court exercise its discretion and grant it an order to settle the judgment sum in installments and that the costs of and incidental to in the cause.
Last month,Nashi Explosives limited based in Kalulushi sued MRL, a subsidiary of Consolidated Nickel Mines Plc (CNM) in the Lusaka High Court demanding more than US$189,443.39 outstanding balance arising from the supply of explosives.
It wants the Court to order MRL to pay it damages for breach of contract, and interest on any sums found due pursuant to section 4 of the Law Reform ( Miscellaneous Provisions Act , Chapter 74 of the of Zambia.
Nashi Explosives is also seeking any further or other relief which may seem just and equitable to Court.
But in skeleton arguments MRL stated that on December 7, this year, the High Court entered judgment in default of Appearance and defence in favour of Nash Explosives Limited in the sum of US$189, 44.39 together with interest thereon at the average short term deposit rate from November 2, 2020 to the date of the judgment and therefore at the current bank lending rate from the date of the judgment to the date of final payment and costs.
MRL stated that in addition to the matter with Nash Explosives limited, it has also been sued by 42 of its suppliers before various courts which include , but as not limited Hardrich Engineering Services Company Limited V MRL under cause number 2020/HP/ARB/007, claiming US$107, 639.27 and K42, 905.50 , Neelkanth Cables Limited and another V MRL under cause number 2020/HPC/0738, claiming US$376,72 and US$535,496, Chindalo Investments Limited V MRL under cause number 2019/HPC/0533, claiming K928, 000 among others.
MRL stated that the action involved with Nashi Explosives is in respect to debts owed to suppliers by it, which debts have fallen due and have been unpaid which culminated in the institution’s matters.
“We, therefore, humbly seek the indulgence of this honorable court to exercise its discretion and grant the defendant an order to settle the judgment sum in instilments and that the costs of and incidental to be in the cause,” it submitted.