Balaji Construction Limited has sued Keren Motors Limited in the Lusaka High Court for being issued with three cheques in the sum of K153,259 on insufficient funds for the hire and transportation of an excavator and demands payment of the said amount.
According to a statement of claim filed in the Lusaka High Court, the plaintiffs submitted that between December 2014 and January last year, Balaji Construction Limited hired out its excavators to Keren Motors Limited which included their transportation from Lusaka to Sinazongwe where the defendants were carrying out road construction works.
Subsequently, Balaji Construction Limited invoiced Keren Motors Limited a total sum of K153,259 for both the hire charges for the excavator and transportation.
It was further submitted that upon receipt of the invoice, the defendants issued three postdated cheques for K50,000 and K53,259 dated December 19, 2015 and K50,000 dated December 20.
Consequently Balaji Construction Limited deposited the cheques but there were returned ‘’refer to the drawer’’ on December 21 on account of insufficient funds in Keren Motors Limited’s account held with Cavmont Bank Limited at its Makumbi branch.
It was submitted that as a result, Balaji Construction had suffered loss and damages and claims a payment of the unsettled invoice of K153,259.
The plaintiff also claims for interest from December 21 last year to date including costs and any other relief which the court may deem fit. Balaji Construction is incorporated in Zambia to carry out business of hiring road construction equipment.
Keren Motors Limited undertakes transportation and construction of roads infrastructure.