FISH AND CHIPS FACES LIQUIDATION

MBABANE – Following the litany of litigation against Fish and Chips, the company now faces liquidation.

Through its liquidator, Jose Rodrigues, the company has issued a notice calling upon all its creditors to attend the first meeting of the creditors at the Master of the High Court, Millers Mansion in the capital city. The meeting has been slated for May 7, 2019 at 10am.

“All creditors who wish to prove their claims are reminded that they should proceed to the liquidator’s office c/o Rodrigues & Associates, Carson Centre Building, number 7A, Extension 6, Moneni, Manzini to collect their forms and must be submitted 24 hours before the meeting.

Attachments

“Failing which they will not be permitted to vote at the said meeting,” reads the notice in part.             
An application for ejectment at the Fish and Chips outlet in Nhlangano outlet was instituted at the High Court hardly a month after the court directed a deputy sheriff to attach all movables at the Fish and Chips located at Corner Plaza, Ezulwini.

The court directed a sheriff to attach movables belong to the company in lieu of rentals amounting to over E100 000 in Nhlangano at Zam Zam Shopping Complex.

The order by the court came after Libuyile Properties (Pty) Limited,  which owns the property, instituted legal proceedings against Skyrich Investments (Pty) Ltd, which trades as Fish and Chips Company. It also demanded that the company (Fish and Chips) be interdicted from removing any movables in particular fixtures and fittings. 

The exact amount allegedly due as rentals where Libuyile Properties also sought for ejectment of the restaurant was E100 125.73. 
Narrating the background of the matter, Nhlanhla Nkonyane, who is property manager of the applicant (Libuyile Properties (Pty) Limited), submitted that the previous owner of Zam Zam was Builders Hardware, from whom the respondent (Fish and Chips) obtained the rights to occupy the premises.

According to Nkonyane, the previous owner had concluded a written lease agreement in May 2013 which endured for a period of five years. He explained that subsequent to expiry of the agreement, applicant acquired ownership of the premises.

It was mentioned that a draft lease agreement was forwarded to the respondent and instructed to return it to the applicant upon signing. The property manager asserted that Fish and Chips did not return the draft at all but remained in occupation of the premises.

Payment

He claimed that part of the terms of agreement were that the lease would be for a period of one year with an option of renewal for a further one year and that the sum of E11 712.80 would be rent for each month excluding Value Added Tax (VAT). VAT currently stands at 15 per cent in the kingdom.

Nkonyane informed the court that Fish and Chips allegedly breached the lease agreement after having defaulted payment for some of the months when they were in occupation of the building.

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