JUMBO CASH, NHLANGANO SPAR ‘FIGHT’ OVER GOODS

MBABANE – Jumbo Cash and Carry (PTY) Limited is demanding over E137 000 from Nhlangano Spar.

The money, according to the plaintiff (Jumbo Cash and Carry), is in respect of various goods that it sold and delivered to Nhlangano Spar on credit. Through its attorneys from CJ Littler and Company, the plaintiff has since instituted legal proceedings against the defendant (Nhlangano Spar) where it is demanding E137 508.

In its particulars of claim, Jumbo Cash and Carry alleged that on or about the months of October, November and December 2017, it entered into an oral sale agreement with the defendant, which was duly represented by the store manager.  The plaintiff claimed that it sold and delivered goods amounting to the sum of E137 508 to the defendant on credit.

The goods that the plaintiff claimed it sold and delivered to the defendant include among others;  Joko tea, Sunlight washing powder, Knorrox stock powders, Umcenge Milk, Aromat, green bar soap, Nestle milk, Lucky Star, Trinco tea bags, Glen tea bags, Robertsons Cayenne Pepper and Omo powder.

These are allegations contained in particulars of claim whose veracity is still to be tested in court.
The plaintiff submitted that on October 31, 2017 it sold and delivered goods to the defendant on credit amounting to the sum of E58 000.  It also alleged that on November 1, 2017 it sold and delivered goods to the defendant on credit to the sum of E24 000 748.

The material terms of the agreement were allegedly as follows:  the plaintiff was to sell and deliver goods to the defendant on credit for each month and that the defendant was to pay the full purchase price of the goods on or before the last day of the subsequent month. Jumbo Cash and Carry (PTY) Limited alleged that the defendant still failed to pay the full purchase price of the goods sold.

“Consequently, the defendant has breached the oral agreement in that it has failed to pay any amount for the goods sold and delivered to them on credit, at the special  instance of the defendant,” reads part of the particulars of claim. According to the plaintiff, it (plaintiff) had allegedly not received any further payment from the defendant.

Jumbo Cash and Carry went on to inform the court that it was suffering financial prejudice as its creditors were demanding immediate payment for the goods sold. “Notwithstanding demand, the defendant has failed/and or neglected to pay the sum of E137 508 to plaintiff being the purchase price of  goods sold and delivered to the defendant on credit at the special instance of the defendant for the months of October, November and December 2017, which amount is now due, owing and payable,” alleged the plaintiff.

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