Times Of Swaziland: METROPOLITAN EVANGELICAL CHURCH  WANTS E160 000 FROM 2 MEMBERS

METROPOLITAN EVANGELICAL CHURCH  WANTS E160 000 FROM 2 MEMBERS
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Mbongiseni Ndzimandze on 23/06/2022 08:51:00


MBABANE – Metropolitan Evangelical Church International (PTY) Limited is
demanding over E160 000 from two members of the church, who allegedly made
various transactions unlawfully on behalf of the authorities of the church.
The duo allegedly held themselves as the rightful authorities to transact on
behalf of the church. Metropolitan Evangelical Church International (PTY)
Limited is a company duly registered in terms of Section 17 of the Companies Act
of the Kingdom of Eswatini and having its principal place of business at Ikhwezi
Mission, in the Lubombo Region. The church wants the High Court to direct Ben
Tsabedze of Mahlangatsha and Nelisiwe Nkabinde of Lubulini to pay it a sum of
E160 214.74.
informed
In its particulars of claim, the plaintiff (Metropolitan Evangelical Church
International (PTY) Limited) submitted that at all material times, it was the
lawful holder or owner of current bank account No. 62021841988 held with First
National Bank of Eswatini. The plaintiff informed the court that on or about the
month of June 2019, the defendants (Tsabedze and Nkabinde) acting jointly or in
common purpose, unlawfully usurped power and authority over the affairs and
operations of the plaintiff. These are allegations contained in the particulars
of claim whose veracity is still to be tested in court and the defendants are
yet to file their papers. “By judgment handed down and/or court order dated
October 13, 2021, the defendants’ usurpation of power and authority over the
affairs and operations of the plaintiff was declared unlawful, null and void and
it was set aside,” submitted the plaintiff.
According to the plaintiff, during the alleged unlawful exercise of authority
over the church and/or company, the defendants illegally and fraudulently caused
to be expended and/or removed from its bank account the aforementioned amount.
Attached to the court papers are copies of the cheques that were allegedly
issued by the defendants in respect of the purported fraudulent transactions. 
It was further the plaintiff’s argument that it never granted the authority or
permission to the defendants to carry out such transactions in the manner they
did.
absence
“In the absence of the plaintiff’s authority, the said transactions remain
illegal, unlawful and fraudulent. The defendants are therefore jointly and
severally liable to the plaintiff in respect of the said amount which total,
thus far, to the sum of E160 214.74 and which amount is now due, owing and
payable,” reads part of the court papers. It was alleged by the plaintiff
that, despite lawful demand, the defendants failed, refused and/or neglected to
repay the said amount. The plaintiff is praying for an order directing the
defendants to jointly and severally, the one paying the other, to be absolved of
the sum of E160 214.74. It was also the plaintiff’s plea to the court that the
defendants should be directed to pay the aforementioned amount with interest of
nine per cent from the date the summons was issued. The matter is still pending
in court and appearing for the plaintiff is Macilongo Ndlovu of MTM Ndlovu
Attorneys in Manzini.