Times Of Swaziland: POTS WANTS JUDGMENT SET ASIDE

POTS WANTS JUDGMENT SET ASIDE
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Kwanele Dhladhla on 12/09/2018 09:21:00


MBABANE – Pots Construction and Technical Services wants the execution of the
summary judgment (court order) granted by the High Court in favour of Kukhanya
(Pty)  Ltd – Gabriel Couto Joint Venture (JV) set aside.
The court order was in respect of a E287 309 debt to the JV. Other respondents
in the matter are Couto SA and Construcoes Gabriel A.S Couto SA. Through its
attorney, Nkosinathi Manzini from CJ Littler and Co, the company has filed an
urgent application before court where it is seeking an order for the summary
judgment issued on August 10, 2018 to be stayed until the matter has been
finalised by the court. Manzini averred that the matter was urgent in that the
respondents applied for and were granted summary judgment against the applicant
prematurely which rendered the judgment of court being granted in error.
“The respondents have already caused to be issued a court order which is a
clear indication that they will execute against the property of the applicant
based on a judgment which was granted in error,” reads the application in
part. Giving a background of the matter, Managing Director (MD) of Pots
Construction, Sanele Mashwama, submitted through an affidavit with allegations
whose veracity is yet to be tested by the court, that in 2014, they entered into
a written sub-contract agreement with Kukhanya/Gabriel Couto JV for the
construction of 10 kilometres of the road between Nhlangano and Sicunusa. He
stated that when they entered into the agreement, they had to increase capacity
and acquire equipment to handle the project.
To acquire the equipment needed for the project, Mashwama said they were given
an advance payment of E1 060 568.18.
He explained that in terms of the sub-contract agreement, Pots had to take out
an insurance cover for the advance payment, which they dully took from Lidwala
Insurance Company.
Mashwama explained that in terms of the agreement between the parties, the
advance payment would be repaid by Pots through deductions to be made on every
certificate submitted to Kukhanya/ Gabriel Couto JV for payment in respect of
work that had been carried out at every stage of the project. Further, Mashwama
claimed that the Kukhanya JV made deductions on the claim certificates submitted
by Pots. “The sub-contract was, however, terminated by the JV before
completion of the project. At the time of termination a sum of E287 309.46 was
outstanding,” Mashwama alleged.