MAPUTO PLANT HIRE DEMANDS E1 MILLION FROM KUKHANYA

MBABANE – It never rains but pours for Kukhanya Construction (Pty) Ltd.

The company has been taken to court by Maputo Plant Hire (Pty) Ltd and Trans Yuza (Pty) Ltd which are demanding payment of E1 007 453.90 in respect of machinery for the Nhlangano – Sicunusa Road. In particulars of claim submitted before court, it has been claimed that on June 20, 2016 the parties entered into a written load and haul contract. During this meeting, Azmal Gafar represented Maputo Plant Hire while George Walmsely stood in for Kukhanya Construction.  
It was alleged that in material express terms of the contract, among others, Kukhanya Construction was desirous to contract with Maputo Plant Hire to load and haul material from the designated borrow pit to site of the Nhlangano – Sicunusa Project.

It was submitted that the contract entailed the provision of a 25 to 30 tonne excavator and six tipper trucks (10 cubic). For the consideration of the trucks and machinery provided, Kukhanya Construction ought to pay for load and haul fill or layer works material E21/ cubic metre free haul for one kilometre and for overhaul on material hauled E1.70/cubic metre per kilometre. The court was also informed that the rate agreed upon was a dry rate and diesel would be provided by Kukhanya Construction.

“The contract is valid for the duration of earthworks and pavement layers listed, will become terminable upon completion of this item. Payments shall be made within 90 days from the date of agreed invoice,” reads the court document containing allegations whose veracity is yet to be tested in court. It was also submitted that the closing date of invoicing would be the 25th of each month and all invoices were to be submitted and agreed on site. It has also been reportedly agreed that; “30 per cent of each invoice is to be paid within seven days.”

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