Motsa wants E236 500 from businessman

In his papers before court, Motsa alleges that in 1985, Evukuzenzele, duly represented by him, and Shongwe concluded an oral agreement in terms of which Shongwe would purchase, on credit, stock for his business from Motsa and pay for it within 31 days from the date of purchase.

Shongwe, however, filed his notice of intention to oppose and is yet to file his reasons for opposing the application.

From the period commencing September 1991 to January 1992, Shongwe allegedly purchased stock to the sum of E321 540.80. It was alleged that in about January 1992, Shongwe made the payment of E85 000 leaving an outstanding balance of E236 540.80 which amount is now owing, due and payable.

"Notwithstanding lawful demand, defendant (Shongwe) fails, neglects and refuses to pay," Motsa alleged.

Motsa was represented by Mary Da Silva from Sipho Matse attorneys while Shongwe was represented by Advocate Lucas Maziya.

The case was before High Court Judge Mumcy Dlamini.

On top of this application, Motsa further filed an application for a summary judgement. In the affidavit attached to the application, Motsa describes himself as a Swazi male businessman and sole proprietor of Siteki in the Lubombo region.

"I can and do verify the Plaintiff’s (Evukuzenzele) cause of action against the defendant (Shongwe) in these proceedings and the amount claimed," Motsa said.

Motsa alleged that in his opinion, Shongwe has no honest defence to the claim and has filed a notice of intention to defend solely for the purpose of delaying the proceedings.

The case will be back for arguments on June 28, 2012 at the High Court.

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