GALP, NURANE CALU FACE OFF

MBABANE – The court battle between Galp Swaziland (Pty) Ltd and Nurane Calu is far from over.
Calu is the director of Big Tree Filling Station in Matsapha and Sakhula Filling Station situated at Eveni, Mbabane.

The director and his two filling stations have taken Galp Swaziland to court, demanding a total sum of E15 875 507.43.
The money is made up of three separate claims, which include one for himself and the others are for his two filling stations.
Personally, he wants Galp Swaziland to compensate him a sum of E8 050 000 for the alleged nervous shock and resulting loss of permanent vision in his right eye caused by high pressure that damaged his optic nerve.

The cause of this, according to Calu, was allegedly the institution of court proceedings by Galp Swaziland for the eviction of Big Tree Filling Station and Sakhula Filling Station from their sites.
The Supreme Court ruled in favour of Galp Swaziland. The eviction order was, however, overturned on review.
Calu told the court that Galp Swaziland’s conduct was unlawful, resulting in a negligent infliction of emotional shock upon him.

Galp Swaziland, according to Calu, had a duty of care not to cause him harm and that they ought to have foreseen that their conduct would cause him harm.
As a result, he submitted that the company should have taken steps to guard against causing the alleged harm.

“The defendant (Galp Swaziland) failed to take such steps. The defendant’s conduct was the sole proximate cause of the harm suffered by the first plaintiff,” claimed Calu.
In the other claims, he demands a sum of E4 667 167.41 and E3 158 340.02 in respect of Big Tree and Sakhula Filling Stations, allegedly losing income and incurring other damages due to the court proceedings instituted by Galp Swaziland to evict them from the sites.

These amounts also include sums of E417 571 and E2 500 000 for legal fees and injured reputation respectively.
Calu is the founder of and principal shareholder of Big Tree and Sakhula Filling Stations.

He said he invested an amount of E5 500 000 to operate Big Tree Filling Station and E1 000 000 towards the operation of Sakhula Filling Station.
Calu said he suffered shock at the prospect of losing his E6 500 000 investment.

He alleged that by instituting the eviction proceedings in court, Galp Swaziland was punishing him for his role as chairman of the Fuel Retailers Association.
The director said Galp Swaziland was not happy at the organisation of the move to resist the franchise agreements it had come up with. The matter is pending in court. The veracity of these allegations is still to be tested in court. Galp Swaziland is yet to respond. Calu is represented by Magagula and Hlophe Attorneys.

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