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the latter for US$70 000 plus interest.
In its application at the High Court in Harare, HMC Waterdigitings International claims that in March 2008 it was subcontracted by GMB to supply waterproofing material for the rehabilitation of the Lusaka silos.
According to the court papers GMB had been contracted on March 27, 2008 by the Food Reserve Agency of Zambia to rehabilitate their Lusaka silos. It then sub-contracted HMC Waterdigitings International to carry out mechanical, electrical and waterproofing works.
The firm averred that it supplied the material and was only paid US$26 000 in April 2009 and US$13 000 in February 2010.
HMC Waterdigitings International also submitted that GMB signed an acknowledgment of debt.
“The plaintiff claim is based on an acknowledgment of debt executed by J Mukwesha on behalf of GMB and dated March 3, 2010. In terms of document an amount of US$70 350 is payable,” the firm submitted.
However, the GMB through its technical service manager Mr Simba Mahonde denied any indebtedness to HMC Waterdigitings.
In its opposing affidavit, the GMB said the High Court did not have any jurisdiction to hear the case.
“Court does not have jurisdiction to hear and determine this matter.
“The agreement was entered into in Lusaka, Zambia. The penultimate claims of the agreement provides that the laws of Zambia be the applicable law,” the GMB said.
According to the GMB the parties agreed that their transaction should be bound by the laws of Zambia and determined by the courts in Zambia.
“On the basis the claim ought to be dismissed with costs,” the GMB submitted.
Further the GMB averred that the firm was registered in Zambia and was a foreign litigant and is obliged to provide security costs of US$2 000 before or at the time of instituting proceedings and this has not been done.
GMB said in August 2008 HMC Waterdigitings International supplied expired material from Malawi, which was to be used for the rehabilitation of the silos and it was detected and the material was rejected.