LUCKY’S ARK DEMANDS E0.8M FROM PPK COUNCIL

MBABANE – Lucky’s Ark Investments is demanding over E800 000 from the Pigg’s Peak Town Council.

The amount is in respect of damages the Pigg’s Peak-based company allegedly suffered after improvements were effected by a company sub-contracted by the town council near the businessman’s premises. In its particulars of claims, Lucky’s Ark said the town council undertook to improve the scenic/infrastructure in the area including the construction of a road that runs along its premises on or about the year 2017.

“As per the defendant, before effecting the necessary development or improvements, approached plaintiff with a view to make valuations on plaintiffs property prior to the project in a bid to be able to compute any damages should they arise after the completion of the project. In so doing, defendant undertook to compensate plaintiff of any damages, should they arise,” reads the claim in part.

commenced

During the month of March 2017, the project reportedly commenced and an unnamed construction company was deployed and it was allegedly sub-contracted under the municipal council.

“Immediately after the commencement of the construction, problems emanated as water pipes belonging to the plaintiff were damaged by the contractor. They were never attended to as the sub-contractor would not know there were pipes beneath the surface. This was subsequently noticed after four days where there was eventually no water supplying the plaintiff,” read the claims filed in court.

The Managing Director Lucky Ngubane, in a bid to sort the water pipes problem, allegedly engaged the contractor who advised that the he should consult with the town council. “The town council was engaged which only promised to come and fix the problem, which promise,  to date, they never kept thus drawing plaintiff to a pool of debt in water bill with the Eswatini Water Services Corporation,” claims the plaintiff. Lucky’s Ark reported that at this point it had been keeping a constant water bill of around plus or minus E2 000 per month.

The bill is said to have shot up immediately after the start of the construction.
“At the completion of the construction of the road work along plaintiff’s premises, the drainage at the side of the road was constructed in such a way that it leads or channels water flow directly to the plaintiff premises. This, it must be pointed out, was not the case before the reconstruction of the road by the municipal council,” further read the claims.

alignment

At the premises, Lucky’s Ark runs a business of wheel alignment and motor spares. A durable M &B 8023 D with cabinet is used as an aligner. It is claimed the machine can be used for a period of five years before it can be repaired. As a result of the said drainage system, water is reportedly being channelled to the area where the wheel aligner is and damaging it.

“This has led to plaintiff to replace/buy new machine three times in a space of less than a year, “alleged the company.
Culminating from the reported expenses incurred in paying the escalated water bills and having to fix and eventually purchase the 3D wheel aligner machine three times in a space of less than a year, Lucky’s Ark is claiming from the municipal council a sum of E15 951.11 for the water bill, which is said to be money that has escalated from February 2017. At least E27 000 is claimed for alleged loss of business for a nine-day period when the machine was not working.

headlined

The claims are headlined by the amount of E840 000, which is said to be the cost of buying the three new wheel aligners. As a result, a total cost of E882 951.11 is said to be now due.

“The plaintiff avers that all expenses incurred were as a result of the developments commenced by the defendant which are attributable to the negligence of the contractor thus holding the defendant vicariously liable since they were under the instruction and scope of their duties as the sub-contractor of the contractor,” read the claims.

The company claimed that despite lawful demand, the council failed to pay the said amount.
These are allegations contained in an affidavit whose veracity will be tested in court. Lucky’s Ark is represented by Mkhwanazi Attorneys.

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