VICTOR OWED ME E465 000 FOR MERCHANDISE - MIKE MAMBA

MBABANE – Well-known Manzini businessman Mike Mamba is demanding E465 000 from the estate of the late Victor Gamedze.

Mamba has since instituted legal proceedings against the estate of the late Gamedze and the Master of the High Court where he is demanding payment of the aforementioned amount.  He alleged that during his lifetime, the late Gamedze had a business relationship with him. Mamba claimed that in terms of the business relationship, he (Mamba) would provide transportation services of goods and merchandise to the deceased.

“The goods were transported from within SADC countries including South Africa, Botswana, Lesotho and Mozambique, including Tanzania and Malawi,” submitted Mamba. According to Mamba, it was the term of the agreement that he was to provide transportation of the goods to various destinations and the deceased was to pay him for same in the amount of E465 000.

The nature of goods that Mamba claimed to have transported for Gamedze is not outlined and/or stated in the agreement purportedly signed by the parties.
The alleged agreement has been annexed to Mamba’s particulars of claim. He averred that the agreement between him and the late Gamedze was made in Mbabane. Mamba informed the court that Gamedze signed an acknowledgment of debt. Mamba submitted that he had already rendered the services at the time of signing of the acknowledgment of debt. 

Debt

He averred that the acknowledgment of debt was a confirmation of indebtedness of Gamedze to him for services already performed at the time of signature by both parties to the agreement.

The businessman alleged that the acknowledgment was personally signed by Gamedze and he reportedly did so voluntarily and under no compulsion whatsoever.

“I provided the transportation services to the deceased and he met his death before paying for the services I rendered at his special instance and request,” alleged Mamba.

He highlighted that Gamedze met his untimely death on or about January 14, 2018 and could not perform his obligations arising from the agreement, being payment of the service fee in the amount of E465 000.  Mamba claimed that he had written letters of demand to the defendants but they allegedly refused and/or repudiated the claim and further challenged him to file his matter in court.

Retention

“The retention of monies by the defendant is unlawful and is perpetuating an incident of unlawful breach of the agreement of services between the plaintiff (Mamba) and the deceased,” reads part of Mamba’s particulars of claim.
The matter is still pending in court and the respondents in the matter are yet to file their papers. Mamba averred that the High Court had necessary jurisdiction to hear and determine the matter as it arose between a private individual residing and doing business within the borders of the Kingdom of Eswatini.

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