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2 COMPANIES TAKE CONCO TO COURT, SEEK OVER E1M

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MBABANE – Two companies have taken Coca Cola Swaziland (CONCO) to court for an alleged owed amount of over E1 million.


The companies are Miloca Engineering and Insulated Material Products who were both subcontracted by Sonnyboy Bhembe trading as Inavit Construction for the extension of a factory at CONCO.
Miloca Engineering is also seeking an order from the court directing the companies including E.D Simelane and Associates who were the project managers to pay an outstanding sum of E1 035 175.08 for steel works and fabrication services for the construction of the factory.


This occurred in 2015, and according to papers filed before court, the company which is represented by Luke Malinga of LM Simelane and Associates has cited Inavit Construction as the first respondents, CONCO and E.D Simelane as the second and third respondents respectively.


Plaintiff


In separate papers before court, the second plaintiff; Insulated Material Products is also seeking an order for the payment of E40 372.02 for installing insulated Panels, Isowall and Prefab materials at the factory.
The latter was allegedly subcontracted by the main contractor Sonnyboy Bhembe trading as Inavit Construction to render its services, but they alleged that the agreement was that they would be paid directly by ED Simelane and Associates,  who in the particulars of the contract was providing consulting services for civil and structural engineering at Lot 195.


These are allegations whose veracity is yet to be tested in a court of law.
In fact, the respondents are yet to file their opposing papers in both cases. 


Engaged


In papers filed in court, Miloca Engineering averred that they were engaged by first respondent Inavit Construction who was contracted by the second respondent - CONCO LTD trading as Coca Cola Swaziland, to do steel works and fabrication in the construction of the factory. 
“It was agreed that the plaintiff would be paid a fair and reasonable amount for the alterations and the additional steel works and fabrication,” reads part of the affidavit.
The plaintiff alleged that they carried out all their works that was assigned to until the second respondent’s Conco LTD factor extension was completed on or about May 2015.

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