Santa Anzo sued over bounced cheques

By Michael Odeng and Barbra Kabahumuza

THE proprietor of Arapapa a popular fashion designer company, Santa Anzo, has been dragged to court for issuing a bounced cheque worth sh31.9m.

Halcyon Limited sued Anzo and Jane Alal through Barenzi and Company Advocates. Halcyon is a real estate advisors and development consultants, specializing in property repositioning and turnaround strategies.

According to court documents, the Arapapa managing director and fashion designer, Anzo, issued the company postdated Stanbic Bank cheques numbers 000504 and 000505 as security for the payment of the said money.

The cause of action against the duo arose on October 11, 2013 when they executed an agreement with the said company for the repayment of a liquidated sum of sh31.9m on November, 2013.

The company avers that it presented the cheques for payment on their due dates but bounced due to insufficient funds on Anzo’s bank account.

The company states that despite repeated reminders from the date the cheques were dishonored, the duo has failed ignored and refused to pay the money and acted in a manner that shows their deliberate intention to fleece the company of the said money.

The company also contends that the duo is in total breach of the suit agreement and their actions have caused the company to suffer loss of which they want special damages.

“We seek a court order to compel the duo to pay sh31m and general damages for the said suit,” stated the company in its affidavit. The company also seeks judgment be entered against the duo for breach of contract.

The company contends that the defendants’ indebtedness has caused it financial loss and inconveniences for which the company holds the defendant entirely liable to damages. The company further contends that the defendants have no defense to the suit. 

In a written statement of defence, Anzo denied the allegations, saying she is not indebted to the said company of sh31m as alleged. She said the company is not entitled to the remedies prayed for in the suit.

“The company at the hearing will be subjected to strict proof thereof, but I shall plead that I was not indebted to the plaintiff’s sum of sh31, 935, 000 as claimed in the plaint,” Anzo stated.

Anzo also contends that the company has never served them with a notice of the intended suit and therefore prays that court dismisses their suit with costs.

The event is organized by South Africa’s Department of Arts and Culture in association with African Fashion international under the theme “We are Africa” and it’s aimed at strengthening socio-cultural, economic intervention and political Integration.