NEDBANK DEMANDS E2.9M FROM BARCELOS

MBABANE – Nedbank Swaziland Limited wants Umgubho Group (Pty) Limited to pay up monies issued in different tranches valued at nearly E3 million.

Summons filed in court reflect that the company which trades as Barcelos Flame Grilled Chicken at The Bridge complex should pay the bank E2 784 690.99 and E144 788.81. Other defendants in the matter are Lenjo Cyril Dlamini, Makhosempi Siyabonga Dlamini, Samuel Sengithembile Dlamini, Musawenkhosi Mwelase and Sibusiso Vusi Dlamini.       

In the first claim, Nedbank sought an order for payment of the sum of E2 784 690.99 which was in respect of monies lent and advanced on business loan facility by the plaintiff in May 2018 to Barcelos Flame Grilled Chicken’s special instance request and order which monies were now due. It was submitted that the company allegedly failed, neglected or refused to pay Nedbank. The court was also informed that Nedbank’s (plaintiff) claim against the other defendants was for payment of the same E2 784 690.99, being an amount for which they bound themselves jointly and severally as sureties and co-principal debtors to the bank for any and all debts owing and owed by Barcelos to Nedbank, any one or two paying the other or others to be absolved.

The bank also prayed for an order directing Barcelos and the five defendants to pay interest on the sum of allegedly owed money at the rate of prime plus three per cent per annum from October 10, 2019 to date of final payment.
The summons also indicated that Nedbank was seeking Barcelos Flame Grilled Chicken to pay for the costs suit on the scale as between attorney and client including collection commission.

 Further, Nedbank also sought an order declaring lot number 26 situated at Zakhele Township extension number one measuring 465 square metres and portion 156 (a portion of portion 121) of farm number 11 measuring 5.0298 executable.

The second claim was for payment of E144 788.81 in respect of monies lent and advanced on overdraft by Nedbank in May 2018, to Barcelos Flame Grilled Chicken. Similarly, it was stated that the other defendants were being claimed from them as well because they bound themselves jointly and severally as sureties and co-principal debtors to the bank.

The veracity of the allegations contained in the summons are yet to be tested in court. It was mentioned that the defendants, if they dispute the claim and wish to defend the claim, they should file with the Registrar of the High Court within 10 days.
It could not be immediately ascertained whether they had filed an intention to oppose by the time of going to press. The matter is pending in court.                      

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