Home | Business | CLIENT DEMANDS E118 258 REFUND FROM GDI CONCEPTS

CLIENT DEMANDS E118 258 REFUND FROM GDI CONCEPTS

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MBABANE – A property owner wants GDI Concepts (Pty) Ltd and its director to refund her E118 258.41.  This, the property owner alleged, followed that the company and its director were paid twice for the same job.


The property owner, Sakhile Ndzinisa, of No.4 Lot 255 Somhlolo Street in Mbabane Township, alleges that during the period of April to July 2019, she entered into an oral agreement with the defendants (Ian Williams and GDI Concepts (Pty) Ltd) in terms of which they purportedly attended to renovations of her property in Mbabane.


According to Ndzinisa’s particulars of claim, the first defendant is Williams and the second defendant is GDI Concepts (Pty) Ltd, a company having its principal place of business at Lisndvu Street, Mbabane and registered office at the second floor, Nedbank Pension Fund Building, in Mbabane.


Instalments


Ndzinisa alleged that the defendants invoiced her an amount of E118 258.41 for the work. The property owner submitted that she purportedly paid the full amount in instalments during the period of July to September 2019 into the first defendant’s account held with the First National Bank (FNB) in South Africa. She alleged that thereafter the indebtedness was accordingly extinguished.


These are allegations contained in the plaintiff’s particulars of claim whose veracity is still to be tested in court and the respondent is yet to file its detailed papers in the event it is disputing the claim against it.


“On November 4, 2019, the Swaziland Building Society, the plaintiff’s bondholder, acting under the erroneous but bona fide belief that the debt had not been extinguished paid the amount of E118 258.41 on behalf and at the expense of the plaintiff into the account of the second defendant held with Standard Bank, Mbabane,” alleged Ndzinisa.


She claimed that the amount of E118 258.41 was not owing to the defendants when payment was made on November 4, 2019.
“The defendants nevertheless appropriated the money,” alleged Ndzinisa.


Absolved


In her particulars of claim, Ndzinisa claimed against both defendants, jointly and severally, the one paying the other to be absolved payment of the amount of E118 258.41.


The plaintiff is demanding the payment of the aforementioned amount and that its refund should incur an interest of 9 per cent per annum calculated from November 4, 2019.


Ndzinisa further sought that the costs of suit be incurred by the defendant.
In the event the defendant was disputing the claim, the defendants were advised to within 10 days of receiving the summons to file their notice of intention to oppose and serve a copy thereof to the plaintiff.


Thereafter, the defendants were further advised that they should within 21 days after serving notice of intention to defend, file with the registrar of the High Court and serve upon the plaintiffs’ attorneys, a plea, and exception, notice to strike out with or without a counter-claim.
Ndzinisa is represented by attorneys from L.R. Mamba and Associates.

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