FISH, CHIPS EATERY ATTACHED

MBABANE – The court has directed a deputy sheriff to attach all movables belonging to popular eatery, Fish and Chips at Corner Plaza, Ezulwini.

The order by the court comes after Fathercross (PTY) Limited, which manages the building where the eatery is situated, filed an urgent application at the High Court. According to the landlord (Fathercross), Fish and Chips were owing rent amounting to E82 310.02. It is alleged that the eatery had failed to comply with its obligation to pay monthly rentals timeously or at all. This, according to the landlord, started from the month of September 2017 and the trend continued for the ensuing months. Fish and Chips is situated at Shop No.5 Corner Plaza, Ezulwini. The court also interdicted the respondent (Fish and Chips) from removing any movables from the premises. The interim orders are returnable on Friday. On this day, Fish and Chips is expected to show cause why the aforementioned orders should not be made final.

The popular eatery is further expected to tell the court why the order confirming the cancellation of the lease agreement between it and Fathercross should not be made final. In his founding affidavit, Theo Hlophe, who is the Group Property Director of Fathercross, stated that on or about January 31, 2012, the company entered into a written lease agreement with the eatery.  He alleged that it was agreed that the applicant (Fathercross) would lease its premises, being Shop No.5, Corner Plaza at Ezulwini. He alleged that during the signing of the agreement, the applicant was represented by him in his capacity as the Group Property Director while the respondent (Fish and Chips) was duly represented by Bonnie Miranda Rennie.

According to Hlophe, the material terms of the agreement were that; the lease would endure for a period of five years commencing from April 1, 2012 with an option to renew for a further period of three years. He asserted that it was further agreed that the respondent would pay a monthly rental in the sum of E8 500 from April 1, 2012 to March 31, 2013.
The monthly rentals, according to Hlophe were to be paid in advance on or before the first business day of each and every month in cash and free of exchange, in the currency of the Kingdom of Eswatini at the landlord’s address.

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