LUBOMBO PROPERTY GROUP TAKEN TO COURT

MBABANE –Lubombo Property Group (PTY) Limited has been taken to court by a South African company.

Metal World wants the High Court of Eswatini to compel Lubombo Property to pay it’s a sum of E168 573.95.   Lubombo Property Group (PTY) Limited is the company that was behind the construction of Lubombo Mall, Other respondents in the matter are Tim Mcseveny, Collin Ries and Majuba Sigwane. In its particulars of claim, the plaintiff alleged that on or about April 16, 2018 it concluded a written agreement with the defendant (Lubombo Property Group (PTY) Limited). According to the plaintiff, the agreement was for the sale of goods on credit. Metal World submitted that it signed the agreement in Nelspruit and the defendant signed it at Siteki in the Kingdom of Eswatini.

The South African company went on to inform the court that the material terms of the agreement between the parties were as follows;  that the purchase limit for the first defendant (Lubombo Property Group (PTY) Limited )  was the sum of E2 000. 000.00; that the minimum monthly repayment was the outstanding balance shown on a monthly statement, which was to be paid after 30 days of the state of statement and that the interest would be charged on amounts in arrears at the rate prescribed by the Rate of Interest Act 55 of 1975 (Republic of South African Act) which was 26.48 per cent. These are allegations contained in particulars of claim whose veracity is still to be tested in court.

It was allegedly also part of the agreement that the first defendant would purchase the building material and such related goods from the plaintiff on credit and on such terms as contained in the agreement. The plaintiff averred that on or about July 31, 2019 and pursuant to the conclusion of the agreement between the parties, Lubombo Property Group (PTY) Limited placed an order for the purchase of building material for the amount of E152 683.10. According to Metal World, it duly delivered the goods and an invoice of the aforementioned amount was issued to the defendant. “In breach of the agreement between the parties, Lubombo Property Group (PTY) Limited, failed to attend to payment within 30 days of the issue of the invoice. The plaintiff thereafter charged interest in terms of the agreement between the parties for each month that the first defendant remained in arrears. The amount now is the sum of E168 573.95 which includes interest calculated for a period of 10 months,” reads part of the combined summons. The matter is still pending in court and appearing for the plaintiff are lawyers from Waring Attorneys in Mbabane.

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