CLASSIC EVENT WANTS ATTACHED ITEMS BACK

MBABANE – Classic Event Projects (Pty) Ltd wants its attached officeware back.

The company (Classic Event Projects) has filed an urgent application at the High Court where it is seeking an order directing Deputy Sheriff Msimisi Shongwe and Amandla Financial Services to restore possession of nine desks, a computer, bar fridge and 13 chairs among other items.

Classic Event Projects (Pty) Ltd is situated at Lot six Tenburgen Martin Street in Manzini where it operates a catering school.
The company has applied to the court that the prayer seeking return of the attached items be applicable with interim and immediate effect. They also sought an order that Shongwe (first respondent) and Amandla Financial Services (second respondent) pay costs at the scale of attorney and own client, one paying the other to be absolved.

Giving a background of what culminated in the court application, in court papers filed by MTM Ndlovu Attorneys’ Thamsanqa Ndlovu, Classic Event Projects Director Busisiwe Khumalo in an affidavit narrated that on July 31, 2018; Shongwe came to their business premises armed with a writ of execution.

She explained that the writ of execution was for the matter of Indlelo Investment (Pty) Ltd which trades as Amandla Financial Services versus Ubambo Holdings (Pty) Ltd and others.
Khumalo said she was quickly informed by Classic Event Projects staff members of Shongwe’s presence at the business premises and the mandate he was pursuing.

Thereafter, Khumalo alleged that she went to the business premises where she was handed the notice of attachment.
Discovered
“Upon inspection of same, I discovered that the deputy sheriff had literally attached and removed everything there was in the premises,” claimed Khumalo in the affidavit containing allegations whose veracity is yet to be tested by the court.
Khumalo averred that she tried to reason with Shongwe that the warrant of execution he carried did not warrant him to attach and remove any items within the premises of Classic Event Projects.
“I advised him that he was at liberty to attach items from Ubambo Holdings which is the proper judgment debtor in the matter. I went to great lengths showing him a certificate of incorporation and trading licence to indicate the wrongfulness of his activity at the applicant’s premises,” added Khumalo.
However, the Classic Event Projects Director claimed that Shongwe was adamant that his instructions from Amandla Financial Services was expressly that he should attach and remove the items from the applicant’s premises.
Khumalo claimed that Shongwe loaded the items into a van and left practically closing down the catering school. The director submitted that she went to great lengths of showing the deputy sheriff a certificate of incorporation and trading licence to indicate the alleged wrongfulness of his activity at the Classic Event Project offices.
Further, Khumalo submitted that her attorney also called to have the matter resolved which culminated to a meeting convened on August 1, 2018.
Informed
The catering school director informed the court that the meeting was convened where she in no uncertain terms mentioned her desire for the immediate release of the items which allegedly belonged to Classic Event Projects and not Ubambo Holdings.
Khumalo also stated that there had been a series of correspondences between the parties involved, especially Amandla Financial Services, but to date the items had not been released.
To compound the alleged urgency of the application, Khumalo claimed that she had been prompted to borrow some of the catering school facilities as a result of the attachment.      
The matter, which is pending before court, was before Principal Judge Qinisile Mabuza on Wednesday and was postponed to September 10, 2018.     

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