Inyatsi Construction sued for E5 million

MBABANE – A supermarket is suing Inyatsi Construction for close to E5 million for allegedly forcing it to close business.

SUNLA Investments has alleged that it suffered loss of business as a result of actions by Inyatsi construction on the premises leased at Inyatsi House formerly Tiger City building. It is demanding payment of E4 966 517 for damages allegedly suffered. Inyatsi Construction is yet to file its papers to respond to the allegations.

SUNLA Investments, in particulars of claim filed at the High Court, alleged that it made considerable loss in business as a result of the defendant’s efforts to evict it from the premises. It is represented by Nkosi Attorneys. It claimed that it entered into a 10-year lease agreement with Oxford Leasing Company in 2005 to occupy lot 760 at Inyatsi House, formerly Tiger City building, for a supermarket. Oxford Leasing was allegedly managing the property before it was bought by Inyatsi Construction, whose shareholder is Moses Motsa.

"A prior agreement between the original landlord and plaintiff was to the effect that the plaintiff, prior to occupation of leased premises, would purchase the equipment, fixtures and fittings from the landlord at a price of E120 000 plus E200 000," it was stated.

SUNLA also alleged that the resultant agreement was that it would occupy the premises for nine years and 11 months to be able to recover the money it used to purchase the said equipment and make profit from the enterprise.

It claimed that it remained in peaceful possession of the premises until 2008 when Motsa Investment took over the shop. It alleged that in 2009, Motsa investments sold the property to Inyatsi Construction and the latter received a notice for eviction. It claimed that it refused to evacuate the premises.

"The defendant thereafter embarked on a concrete campaign to not only undermine the plaintiff’s rights as a lessee of the premises, but overtly proceeded to engage in unlawful acts to ensure that it would be tormented," SUNLA Investments stated.

It alleged that Inyatsi Construction, through purposeful and malicious intent tormented it to pressurise it to vacate. It alleged that Inyatsi continually dumped concrete rubble in front of its entrance and removed a signage directing customers into the supermarket.

It further alleged that Inyatsi Construction on numerous occasions turned off electricity supply to the supermarket at inopportune times and drilled holes in the concrete support of its compressors resulting in breakage of refrigerators.

"The defendant on various occasions deliberately and purposefully cut sewage pipes above plaintiff’s supermarket resulting in sewage waste and filth flooding the kitchen and bakery area of plaintiff’s premises," SUNLA alleged.

It claimed that its efforts to protest on the defendant’s actions hit a snag. It claims that it was therefore forced to close down in July 2011 after filth and sewage waste flooded its stock once again. It claimed that it made huge loses in its business income as a result. It alleged that it suffered loss off profit amounting to E4 646 516.

"The defendant’s unlawful and malicious actions have resulted in the plaintiff not being able to recover the purchase price of the equipment, fixtures and fittings purchased from the original landlord. The plaintiff’s loss in this regard is E320 000 being the value of the equipment the salvage of which has no value," it alleged.

The mater is pending before Court.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: