WILMO CONSTRUCTION IN COURT FOR E38 000 ARREARS

 MBABANE – Wilmo Construction has been taken to the High by Tolos Investments Court for arrears of E38 000.

Tolos Investments, which trades as Swazi Aluminum, took the construction company to court seeking that it pays a balance of E38 000 that was outstanding from the installation of aluminium doors and windows at St Georges Barracks, Matsapha.

The veracity of the allegations is yet to be proven in a court of law as the respondents are yet to file their responding papers.

Agreement

According to the particulars of claim by Swazi Aluminum, on or about June 17, 2017 at Woodmasters, Manzini, the two companies entered into an oral agreement where Wilmo Construction requested that it installs doors and windows for Umbutfo Eswatini Defence Force (UEDF) hostel.

Swazi Aluminum is represented by lawyers from M.J. Hillary Attorneys while Wilmo Construction is represented by Zonke Magagula & Company.
The job, according to Swazi Aluminium was done at an agreed cost of E298 000.

When this deal was concluded by the two companies, Swazi Aluminum was represented by its director, Sipho Matolo while William Dlamini represented the defendant.

Plaintiff’s

“It was an express and/or implied term of the oral agreement between the parties that the defendant would pay 80 per cent of the E298 000 prior to the plaintiff beginning the installation and the balance to be paid at the conclusion of the work, which the defendant failed to do,” reads in part the particulars of claim.
Swazi Aluminum submitted that it began the installation of the aluminium doors and windows on or about June 20, 2017 and completed the task on February 1, 2018.

Payments

The company submitted that contrary to the oral agreement, Wilmo Construction made payments on June 20, 2017 of E70 000 and two days later paid E80 000. These payments were followed by another on September 7, 2017 where a sum of E50 000 was paid.
According to the particulars of claim filed by the plaintiff, on November 22, 2017, a sum of E30 000 was paid by the defendant and the last payment was that of E3 000 on November 29, 2017.

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