Africa-Press – Eswatini. Mbabane Swallows President Bishop Bheki Rebios Lukhele, has taken Manzini Wanderers to court over a loan he reportedly advanced to the ‘Weslians’.
The man of the cloth wants the High Court to direct Manzini Wanderers to pay him a sum of E200 000. The money, according to Lukhele, is in respect of a loan he gave to Manzini Wanderers (Proprietary) Limited in 2021. In his particulars of claim, the clergyman, who is also a businessman, informed the court that on or about July 29, 2021, in Ezulwini at the defendant’s (Manzini Wanderers (Proprietary) Limited request, he loaned and advanced the latter a sum of E200 000. He submitted that when he entered into the loan agreement with the defendant, it was represented by Sandile Sechaba Dlamini. He told the court that the terms of the agreement were that he was to loan the defendant a sum of E200 000 and that it (defendant) was to pay same on December 31, 2021.
Allegations
These are allegations contained in court papers whose veracity is still to be tested in court, and the defendant is expected to file its papers in the event it is disputing knowledge of the loan as alleged by Lukhele. According to the bishop, as security for the due payment of the aforesaid amount, the defendant surrendered a Toyota mini bus registered NSD 795 BH. He averred that in due compliance with the agreement, he paid the sum of E200 000 to the defendant. “The defendant is in breach of the agreement in that it has failed and/or neglected to pay the sum of E200 000, notwithstanding that it was payable on December 31, 2021,” contended the plaintiff.
It was further the bishop’s argument that the defendant was liable to him for the sum of E200 000, being the principal debt whose amount was now due, owing and payable by the defendant. In his particulars of claim, Bishop Lukhele is alternatively seeking an order for the attachment of the mini bus which was placed as surety by Manzini Wanderers, when he allegedly gave the team the loan.
Acknowledgment
According to an agreement of settlement that was purportedly previously signed by the parties, the defendant was to pay a lump sum for the amount acknowledgment herein on or before Friday, December 31, 2021. “Should the debtor default in the due performance of any of his obligations in terms of the agreement of settlement, all of which are material, including in particular if any payment is not made on the due date, or in the event of the debtor being sequestrated or in the event a judgment having been obtained against the debtor by any other person, the full balance then outstanding in terms hereof, will immediately become due and payable,” reads part of the agreement annexed to the court documents.
Agreement
It is alleged that in terms of the agreement, the defendant was to make payments into a bank account belonging to Mbabane Swallows, held with First National Bank (FNB) Swaziland.
The bishop contended that despite several reminders, the defendant had allegedly neglected, failed and/or refused to pay him the sum of E200 000. The matter is still pending in court and appearing for the bishop is Msebenzi Nhlengetfwa of Dunseith Attorneys in Mbabane.
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