adminPost Correspondent
CHIPINGE magistrate Mrs Sharon Chipanga has dismissed an application by leading banana marketing company, Matanuska to stop eight small-scale banana farmers from harvesting their crop and practising side marketing.
The eight farmers are Mr Artwell Bandama, Mr Dout Mundeta, Mr Gazimbi Mundeta, Mr Dumisani Masunungure, Mrs Linah Zembe, Mrs Juliet Kudzieta, Mr Mike Mkwakwami and Mrs Hide Dube.
They had been arraigned before the courts on allegations of breaching the contract with Matanuska.
Matanuska was represented by Mr Dee Tandire, of Tandire Law Chambers who argued that the eight farmers had breached a contract partnership agreed between them and the applicant by harvesting bananas in absence of the company.
“The two parties agreed that whatever bananas are sold, the money will be used to offset the CABS loan and the other portion will be given to respondents. The respondents should be bound by the contract terms. The respondents should be interdicted from side marketing since this may cause the applicant to fail to recover its money,” said Mr Tandire.
In their opposing affidavits, the farmers argued that they never entered into any agreement with the company.
The farmers agreed with Matanuska to sell bananas on their behalf and there was no contract between company and the farmers.
In her ruling Mrs Chipanga dismissed the application.
She said the founding papers of the applicant stated that the two parties should solve the problems through negotiations.
“It is a term of agreement between the two parties under contract provisions that disputes arising from agreements must be solved through negotiations or through arbitration. Bringing any disagreements to court is against the spirit of the agreement entered into by the parties. The applicant must therefore adhere to part of the contract provisions and refer matter to arbitration,” ruled Mrs Chipanga.
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