Africa-Press – Eswatini. Armboard Investments (Pty) Ltd wants the High Court of Eswatini to instruct the Royal Eswatini Sugar (RES) Corporation Ltd to pay about E750 000 allegedly owed to them.
Armboard Investments (Pty) Ltd has since filled combined summons with the High Court of Eswatini, seeking the courts assistance for payment of about E750 000 from RES Corporation Ltd. Armboard Investments (Pty) Ltd is the plaintiff in the matter and RES Corporation Ltd is the defendant.
Allegations
The defendant is yet to respond to the allegations made by the plaintiff in the matter. According to the plaintiff, around March 2007, they concluded a credit sale agreement in terms of which the defendant sold to them certain farm equipment for the purchase price of E552 000, and Armboard Investments (Pty) Ltd undertook to pay monthly instalments of E30 666.67.
The instalments, according to the plaintiff was for a period of eighteen months with effect from April 30, 2006 up to September 30, 2007. “The plaintiff was represented by its Managing Director Bhekithemba Nxumalo while the defendant was represented by its acting agriculture service manager,” said the plaintiff in the filled summon.
It also mentioned in the filled summon that the plaintiff was to submit to the defendant invoices in respect of work done in terms of separate contracts of services concluded by the parties on April 5, 2006 and Rescorp would deduct from the plaitiffs proceeds. The filled summon mentions that, in terms of an oral agreement between the parties, Armboard Investments (Pty) Ltd was to burn the sugarcane before cutting and hauling it to the mill because Sihhoye, where the sugarcane was situated was far and for this to work; the plaintiff was to present an invoice for payment.
Agreements
“The plaintiff in accordance with the said agreements performed its part and submitted invoices to Rescorp on November 1, 2007, September 4, 2007 and October 8 2007 totalling E417 897.77 and one for the burning of E25 597.68 tonnes of sugarcane amounting to E319 917,” mention the filled summon. The filled summon further states that in the circumstances the defendant is indebted to the plaintiff amounts of E417, 897.77 and E319 971 which were now long over due and payable. “Despite lawful written and oral demands from plaintiff over the years since October 2007 the defendant has wrongly and unlawfully failed, or refused to pay the sums of E417 987.77 and E319 971,” reads the filled summons. The plaintiff now wants the court to instruct the defendant to pay the alleged sums plus interest of nine per cent effect from October 2007 to date as well as the costs of suits.
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