EMANTINI FARMS (PTY) LTD TAKEN TO COURT

MBABANE – Beef Boys Abattoir (Pty) Ltd has filed an urgent application in the High Court of Eswatini for purposes of obtaining a mandatory interdict against Emantini Farms (Pty) Ltd.

Beef Boys Abattoir (Pty) Ltd is the applicant in the matter, while Emantini Farms (Pty) Ltd is the 1st respondent, Surveyor General is the 2nd respondent and attorney general is the 3rd respondent in the matter. The verocity of these allegations are yet to be tested in court. The respondents are yet to respond to the allegations made by the applicant. The applicant instituted these proceedings against the 1st respondent, who allegedly deliberately stopped the flow of water within its farm and thus preventing the applicant from accessing the said water.
Emantini Farms (Pty) Ltd and Beef Boys Abattoir (Pty) Ltd own neighbouring farms in Sidvokodvo area. The applicant is the proprietor of certain remaining extent of Portion 12 of Farm No. 930 situated in the district of Manzini. The respondent holds title over two farms, being certain remaining extents of Portion 11 and 16 of Farm No.930 both situated in the Manzini district.

Dispute

There is a dispute over the existence of a servitude right of way in respect of portion 16 of farm No.930. However, that dispute is long standing and is not urgent. Beef Boys Abattoir (Pty) Ltd farm was the dominant tenement and Emantini Farms (Pty) Ltd farm is a servient tenement in respect of servitude of water furrow. The furrow traverses through the 1st respondent’s farm, making the 1st respondent the servient tenement. When the applicant purchased the farm in or about October 2021, it obtained the rights to access the water that travelled through the 1st respondent’s farm and there was not issue.

As the dominant tenement, Beef Boys Abattoir (Pty) Ltd was expected to maintain the water farrow that traverses through the 1st respondent’s farm at its own costs. However, it was alleged by the applicant that Emantini Farms (Pty) Ltd keeps the entrance to its farm locked and there was no security personnel to allow any party intending to gain access to the farm to do so. Consequently, the applicant relies solely on the 1st respondent for purposes of maintaining the water furrow that is within Portion 11 of farm No.930. The applicant alleged that it maintains the furrows that were within its portion and there were never any issues.

Realised

“I realised that there was no water coming through the furrow and to Beef Boys Abattoir (Pty) Ltd reservoir. I then contacted the 1st respondents manager who advised me that he had no idea what had caused the flow of water to stop and requested me to afford him an opportunity to investigate,” said the applicants. They added that since the reservoir also had some water, they could continue with daily activities undisturbed. The applicant wants the matter enrolled as an urgent one because they alleged that the water was cut in June 2022. “We honestly believed that there were maintenance activities being carried out by the 1sr respondent. Consequently, I enquired with their manager and was told that there would be investigations,” said the applicant in the court documents.

Beef Boys Abattoir (Pty) Ltd said it became succinct that there was no maintenance being conducted and that the 1st respondent had deliberately cut them off from accessing the water.
They said on June 18, 2022, they attempted to contact Emantini Farms (Pty) Ltd farm manager without success. On July 18, 2022, Beef Boys (Pty) Ltd employees were allegedly informed that the water would not be released. The applicant alleged that the staffs were informed that the 1st respondent had deliberately stopped the flow of the water because Beef Boys (Pty) Ltd was refusing to allow the 1st respondent to access Portion 11 of Farm No.930. The matter is still pending,

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