KUKHANYA STOPPED FROM REMOVING OFFICE PROPERTY

MBABANE - Kukhanya Civil Engineering Contractors (Pty) Ltd has been stopped from removing any property from the premises where they are renting offices.

This comes after Swaziland Property Services SEEF (Pty) Ltd moved an urgent application at the High Court where it is demanding a sum of E115 772.80 which is in respect of rentals.
Judge Nkosinathi Maseko, who presided over the matter, issued the interim order and further called upon the respondent to show course why the above order should not be made final. The giant construction company has also been called upon to show course why the order for the cancellation of the lease agreement between the parties, which was signed in August 2018 should not be cancelled.

When the matter returns to court on March 15, 2019, Kukhanya Construction is also expected to justify why the order for its ejectment from the premises being House No. 78, Nkonyeni in Manzini, should not be made final by the court.
SEEF is a limited liability company carrying on business as an estate agent in Ezulwini.

Agreement

In his founding affidavit, the Director of Swaziland Property Services SEEF (Pty) Ltd, Anthony Mcquire, said on or about August 2017, Lynette Mogaza  (who is the landlord of the property) and Kukhanya Civil Engineering Contractors (Pty) Ltd concluded a lease agreement.

During the signing of the lease agreement, the landlord was represented by the applicant (SEEF), while the respondent was represented by Hansie Van Der Walt. Mcquire said the initial lease agreement was for 12 months and it lapsed in July 2018.
He said on August 1, 2018, at Ezulwini, they concluded a new lease agreement with the respondent. According to Mcquire’s submissions, Kukhanya Civil Engineering Contractors (Pty) Ltd was to pay a monthly rental of E19 033.30 and it was to be deposited to the applicant’s banking account.

“All amounts due by the tenant to the landlord in terms of this agreement, be paid in advance or on the first day of each and every month in cash and free of exchange in Mbabane,” reads in part the submissions of the applicant.
Mcquire further contended that for the duration of the lease agreement, Kukhanya Civil Engineering Contractors (Pty) Ltd, had to maintain the premises by supplying all light bulbs and replace them from to time while also paying costs of all electric current, fuel and water consumed at the leased premises.

He also had to keep sewage pipes, waste pipes and drains in or upon the premises free from obstruction, and in a clean and sanitary condition. Kukhanya Civil Engineering Contractors (Pty) Ltd was also not to cause damage to the premises or create a disturbance or cause any nuisance to occupants of neighbouring premises.

Fails

“In the event the lessee fails to pay the monthly rentals within seven days of the date it falls due or commits any other breach of the conditions of the lease, the lessor shall be entitled forthwith to cancel the lease without prejudice to the lessor’s right to claim payment of any rent arrears, and of any other recoverable damages by the lessor.” According to Mcquire’s submissions, if the rent was three days late, a daily late fee of E100 per day should also be charged to the lessee, until such time as all delinquent monies were paid in full. The director of Seef further submitted that on or about August 2018, Kukhanya Civil Engineering Contractors (Pty) Ltd took reoccupation of the leased premises on the strength of the new lease agreement.

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