SWAZI BOY TAKES SA COMPANY TO COURT

MBABANE – The Swazi Boy Entertainment stable has obtained an order to attach a truck and a marquee belonging to a South African company.

This comes after the South African company; Unlimited Fam (PTY) Limited allegedly delivered a wrong marquee to the entertainment stable which the latter had sourced from it to use for the crossover event at Esibayeni Lodge.  In its urgent application, Swazi Boy Entertainment informed the court that the respondent (Unlimited Fam (PTY) Limited) delivered a wrong marquee far less in size than the glass marquee agreed upon. In his founding affidavit, the applicant’s (Swazi Boy Entertainment) director, Mthunzi Zwane, narrated that on December 12, 2019, the applicant duly represented by him and the respondent by Lehlohonolo Moeketsi concluded an agreement. He alleged that in terms of the agreement the applicant sourced for the provision of a marquee. Zwane told the court that the respondent accepted the said offer hence an agreement between the parties was concluded.

Allegations

These are allegations contained in an affidavit whose veracity is still to be tested in court and the respondent is yet to file its papers in the event it is disputing the allegations against it.
“The material terms of the agreement between the parties were, inter alia, that the respondent would provide the applicant with a marquee at a cost of E77 500 and upon payment of the aforementioned amount of money,” submitted Zwane. According to Zwane, the sum of E77 500 was quoted by the respondent and the applicant duly discharged its obligation in terms of the agreement and paid the amount in full.

“In breach of the agreement between the parties, the respondent has failed to discharge its obligation and failed to deliver as agreed inter parties leaving the applicant with no other remedy save to approach the High Court,” contended the director of Swazi Boy Entertainment. He averred that the reason the applicant moved the application ex parte (without the knowledge of the other party) was because the respondent, in an attempt to deliver what was agreed upon, delivered a wrong marquee.

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