HARARE – Agro-processor Cairns Foods Limited has been slapped with a US$46,000 lawsuit for supplying faulty potato seeds to a contract farmer.

Farmer Patrick Makuzwa is also suing Lion’s Den Farms Zimbabwe at the Harare High Court.

The farmer says on February 12, 2019, Makuzwa and Cairns entered into a supply contract in which the company was to finance his purchase of potato seed from Lion’s Den.

Lion’s Den had a separate arrangement with Cairns for the supply of potato seed to Cairns growers.

Makuzwa agreed to give Cairns exclusive supply rights on harvesting the potato crop, from which Cairns would recover the money paid and pay Lion’s Den for seed.

The farmer’s lawyers say at all material times it was Cairns who dealt with Lion’s Den.

Cairns procured 30,000kg of Markie’s potato seed from Lion’s Den and delivered the same to Makuzwa’s farm on March 3, 2019. Makuzwa planted the potato seed on March 22 the same month.

By April 6, 2019, he had noticed that there was something wrong with the seed. He says in court papers he advised Cairns immediately, and the company sent its agronomists and technical representative to attend the farm and assess the crop.

Cairns allegedly confirmed that the seed was defective and wrote to Makuzwa on September 23, 2019, asking for a breakdown of the damages suffered to resolve the matter amicably.

His lawyers say he did as asked. He stated that direct financial loss according to his calculations was US$15,789 as well as US$31,000 being indirect financial prejudice for the expected yield from the 10 hectares planted.

Makuzwa said Cairns promised to engage Lion’s Den and resolve the issue with a view to compensate him, but nothing has happened to date prompting him to approach the court.

The farmer now wants out.

Wrote his lawyers: “In the circumstances, plaintiff is entitled to cancel the supply contract with Cairns and both defendants are obliged to pay plaintiff the capital sum invested of US$15,789 as well as US$31,000 from potential income foregone together with interest thereon calculated at the rate of 5 percent per annum with effect from November 28, 2019, to the date of full payment.”

The matter is pending.