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This was an appeal against the Judgment of the High Court in which the learned Judge entered judgment in favour of the Respondent in the sum of US$ 221,575.60 less the Respondent's commission of US$30.00 per ton of fertilizer sold as agreed, plus interest and costs. The history of this appeal is that the Respondent and the Appellant negotiated a Memorandum of Understanding to establish an interagency agreement for the sale of the Respondent's fertilizer by the Appellant. The Appellant was expected to sell the fertilizer on the Respondent's behalf and then deposit the monies into the Respondent's designated account. A dispute arose when the Appellant suddenly stopped depositing monies realized from the sale of the fertilizer into the Respondent's account. The Respondent claimed that 715.45 tons of fertilizer valued at US$ 221 575.60 was delivered to the Appellant while the Appellant denied receiving the alleged quantity of fertilizer claiming that it only received 413.75 tons which was delivered to its Ndola Depot and was received and signed for. The Appellant also claimed that it had mistakenly deposited ZMK 1 433 390 950.00 collected into its own account instead of the Respondent's, but that subsequently, that sum was remitted to the Respondent. The Appellant further claimed that it withheld the sum of US$ 20 868. 20 and K 2 386 051.20 in order to offset a debt which the Respondent owed it. The learned trial Judge accepted the Respondent's evidence that 715.75 tons of fertilizer was delivered and not the 413.75 tons the Appellant claimed to have received shown on the "Goods Received Notes (GRN)".
Condition for reversal of findings of fact made by trial court - meaning of agency - express agency - exchange rate applicable in foreign currency - burden of proof