NAMBOARD SUED FOR OVER E2.3M

MBABANE - The Swaziland Livestock Technical Services (PTY) Limited is demanding over E2.3 million from the National Agricultural Marketing Board.

Through its attorneys, Swaziland Livestock Technical Services (PTY) Limited has since instituted legal proceedings against the board where it is demanding a sum of E2 321 386.  The aforementioned amount, according to the plaintiff (Swaziland Livestock Technical Services (PTY) Limited), is for allegedlly unlawful termination of contract.

According to the plaintiff due to the alleged termination of the contract by the defendant (National Agricultural Marketing Board) it suffered  damages which comprise; financial loss E1 197 252  and un-serviced  loans in the sum of E465 828. 

These are allegations contained in particulars of claim whose veracity is still to be tested in court

The plaintiff averred that the total anticipated loss for 2007, 2008 and 2009 amounted to E1 663 080 and the value of business as at June 2006 amounted to E658 306.

On top of the over E2.3 million, the plaintiff is also demanding a sum of E59 400 from the defendant. This amount as per the plaintiff’s particulars of claim is  in respect of storage costs.

submitted

In its particulars of claim, the plaintiff submitted that on June 2014 it entered into a written contract with the National Agricultural Marketing Board.  The plaintiff submitted that it was represented by Sipho Shongwe and for the defendant was Obed Hlongwane.

The alleged terms of the contract were allegedly that; the lease should commence not later than July and would continue for a period of five years terminating on August 31, 2009.  It further reportedly agreed between the parties that the lessee would, six months before the expiry date of the lease, make a written application to the lessor for the renewal for such a period and on such terms as the parties might agree.

“In breach of the agreement, the defendant, failed to deliver to the plaintiff the poultry trading section of the leased property. Prematurely and unlawfully terminated the written contract on June 13, 2006,” reads part of the claim filed by the plaintiff’s attorneys from Mlangeni and Company.

The plaintiff contended that as a result of the alleged unilateral termination of the contract, it suffered damages.

occupation

It was further the applicant’s claim that upon taking occupation of the leased property, it found 50 boxes of chickens in the freezer room under the care and custody of the defendant.  The plaintiff submitted that on August 6, 2004 at Nokwane, it orally undertook to keep in the freezer room the 50 boxes of chickens for and on behalf of the defendant.  

“It was the tacit term of the oral agreement that the defendant would remunerate the plaintiff for storing the 50 boxes of chickens at the plaintiff’s usual customary rate,” alleged the plaintiff.     

rate

Swaziland Livestock Technical Services (PTY) Limited avowed that its customary rate in storage costs per chicken per day was E0.25 from August 6, 2004 August 31, 2005 and E0.30 from September 1, 2005 to November 10, 2005.

The plaintiff contended that as a result it suffered damages in the sum of E59 400 being in respect of storage costs.  The National Agricultural Marketing Board is disputing the claim and through its attorneys it is opposing the matter. It is alleged that despite lawful demand having been made, the defendant failed and/or refused to pay the plaintiff.

The matter is still pending at the High Court.

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