Farmer in Zimbabwe sues local potato chip manufacturer Cairns Foods over defective potato seed

Cairns Foods Limited has been sued for USD 46 000 after allegedly supplying a farmer contracted to produce potatoes with defective seed. Patrick Makuzwa has approached the High Court seeking an order canceling his contract with Cairns Foods and for the food company to compensate him to the value of USD 46 789 50. He also wants Cairns Foods to meet the cost of the suit.

Makuzwa cited Cairns Foods and Lion's Den Farms Zimbabwe as the first and second respondents, respectively. According to the summons, on February 12, 2019, Cairns Foods contracted Makuzwa to produce potatoes. Cairns funded him in the purchase of potato seed from Lion's Den, which had a separate arrangement with the food company to supply seed to its growers.

Mukuzwa, according to the agreement, gave Cairns exclusive supply rights to his harvested potato crop for the company to recover the money paid in advance to Lion's Den. Cairns then procured 30 000kg of Markie's potato seed from Lion's Den and delivered them to Makuzwa's farm on March 3, 2019. Makuzwa realized that there was something wrong with the seed after planting.

He advised Cairns immediately and the company sent its agronomists and technical representative to assess the crop. Cairns allegedly confirmed that the seed was defective. The food company, on September 23, 2019, asked Mukuzwa to produce a breakdown of the damage suffered so that they could resolve the matter amicably.

In his breakdown, Makuzwa tabulated a direct financial loss of USD 15 789 as well as USD 31 000 as indirect financial prejudice for the expected yield. He had planted 10 hectares of potatoes. Makuzwa said Cairns promised to engage Lion's Den and resolve the matter but nothing has happened to date, prompting him to approach the court.

"In the circumstances, a plaintiff is entitled to cancel the supply contract with Cairns and both defendants are obliged to pay plaintiff the capital sum invested of USD15 789, as well as USD 31 000 from potential income foregone together with interest thereon calculated at the rate of 5% per annum with effect from November 28, 2019, to the date of full payment," part of the summons, read.