FARMERS CO-OP ORDERED TO PAY FARM CHEMICALS E124 000

MBABANE  – Swaziland Farmers Cooperatives Union Limited has been ordered to pay Farm Chemicals Limited over E124 000.

This comes after Farm Chemicals instituted action proceedings against the defendant(Swaziland Farmers Cooperatives) where it was claiming  payment of the sum of E124 572 40, which was in respect of goods it sold and delivered to the defendant ( Swaziland Cooperatives Union Limited).

The plaintiff (Farm Chemicals) contended that between 2012 and 2014 it entered into an oral credit agreement where the defendant would buy agricultural goods from it.
In the agreement, the parties agreed that the plaintiff would supply the defendant with goods ordered by it.

It was agreed that the plaintiff would invoice the defendant who would pay within 30 days of each invoice. On October 31, 2013 the defendant ordered 680 bags of fertiliser amounting to E157 080. Farm Chemicals supplied the ordered goods and invoiced the defendant. The defendant is reported to have paid a sum of E66 451.  The balance attracted interest of E33 994 10.

The order directing the defendant to pay was issued by High Court Judge Mumcy Dlamini.
“It appears to me that from the unchallenged evidence by the plaintiff the defendant paid part of the sum due under invoice 128660 but failed to liquidate the balance, there was no justifiable reason in law for defendant to mistakenly believe that it liquidated the debt under invoice 12860,” said Judge Dlamini.

The judge also noted that the defendant’s case was exacerbated by evidence tendered on its behalf under exhibit one.  
Judge Dlamini pointed out that it was clear from exhibit one that the defendant had at its disposal before coming to court to dispute plaintiff’s claim, a summary of the entire five transactions of the same amount.

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