MAQALF DEMANDS E900 000 FROM SPINTEX

MBABANE – Maqalf Transport has demanded slightly above E900 000 payments from Spintex Swaziland.

The company, through its lawyers from Sithole and Magagula Attorneys, has instituted legal proceedings for the recovery of E912 822.02 in respect of transportation services.
In its simple summons, whose veracity is yet to be tested at the High Court, it has been alleged that Maqalf Transport (applicant) rendered transport services to Spintex Swaziland (Pty) Ltd (defendant) at their special request and instance.
The applicant alleges further  that despite lawful demand, the defendant either failed or neglected or refused to pay. Therefore, the amount was now due and payable for the services which were rendered last year.
Maqalf also applied before court that the amount due be paid with interest at the rate of nine per cent per annum and costs of suit or any other alternative relief.

Spintex Swaziland is, within 10 days of service of the summons, expected to file with the registrar, notice of their intention to defend and serve a copy thereof on the plaintiff’s attorneys.
 It was also submitted in their summons that should the defendant fail to file and serve notice to defend, judgment as claimed, be given against them without further notice to them or if, having filed and served such notice they fail to plead, except make application to strike out or counter-claim judgment may be given against them.    

     
The matter is pending before court.
It should be mentioned that recently, CYP Packaging through its attorneys from Littler and Co, also took Spintex to court demanding payment of the sum of E207 724, with interest at the rate of nine per cent per annum or alternative relief.

In  their particulars of claim, it had been alleged that in June 2017, CYP Packaging, represented by the Managing Director (MD) Danny and the Spintex represented by one of its employees Mxolisi, concluded an oral agreement in terms of which the CYP Packaging agreed to supply a number of goods and items to the Spintex.

It was claimed that material terms of the agreement were to the effect that the plaintiff would supply Spintex with a number of undisclosed goods or items and then invoice for payment. It had also been allegedly agreed that CYP Packaging would provide an invoice or copy thereof to the defendant for payment of the calendar month.

CYP Packaging submitted that they duly supplied the required goods to the defendant in discharge of its obligations in terms of the oral agreement and invoiced the defendant accordingly. The defendant allegedly paid some invoices and a sum of E207 724 has been outstanding since November last year.
           

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