Sakunda sues Barep for US$294 000

the High Court.
In the summons issued against Barep, Sakunda claims it entered an agreement for the supply of fuel to the service station for payment.
For five months, Sakunda delivered diesel and petrol to Barep, but did not receive payment.
It is Sakunda’s argument that Barep has since acknowledged the debt, but refused to pay.
“Defendant acknowledged owing this debt on May 9, 2012 but despite demand, it has failed, neglected or refused to pay,” read part of the plaintiff’s declaration.
Gwaunza and Mapota are acting for Sakunda while Venturas and Samukange law firm are defending Barep.
Sakunda is claiming US$294 200,43 plus interest at the prescribed rate from May 9, 2012 to the date of payment in full.
Barep filed its plea disputing the figure claimed by Sakunda.
It also argues that the matter was not properly brought before the High Court because the agreement signed provides that in case of a dispute, the matter should be referred for arbitration.
“Defendant avers that in terms of the memorandum of agreement for the supply of petroleum products signed  between Sakunda Energy and Barep on December 6, 2011, when a dispute arise concerning rights and obligations the matter should be taken for arbitration.
“Plaintiff has failed to refer the dispute to an arbitrator,” read the defendant’s plea.
Barep contends that it actually owes Sakunda US$125 000 and not the claimed US$294 200,43.