INYATSI’S E6.1M DEMAND FOR PHUZUMOYA

MBABANE – Inyatsi Construction Limited is demanding over E6 million from Kantey & Templer.

Kantey & Templer is a company duly incorporated and registered in terms of the Companies Act of the Kingdom of Eswatini and its place of business is at Matsapha Industrial Site.

In its particulars of claim, Inyatsi Construction Limited alleged that the money it was demanding from the defendant (Kantey & Templer) was in respect of services it rendered to it.
Inyatsi claimed that it provided services for the construction of Bulk Earth Works at Phuzumoya site.  The exact amount which the plaintiff is demanding from the defendant is E6 179 087.58

Giving a background of the matter, Inyatsi Construction Limited alleged that in August 2017, it concluded an oral agreement with the defendant.

concluded

The plaintiff informed the court that when it concluded the agreement it was represented by Sanele Msibi and the defendant was represented by Mphilo Dlamini and Mlondi Nxumalo.

These are allegations contained in particulars of claim whose veracity is still to be tested in court and the defendant is yet to file its papers in the event it is disputing or opposing the claim against it.

agreement

It was allegedly the material terms of the agreement that: the plaintiff would provide services for the construction of the Bulk Earthworks platform to the tank farm in Phuzumoya and that the work was to be carried out by Inyatsi Construction within a period of 30 days.

Inyatsi Construction went on to inform the court that it was further agreed that the defendant would remunerate it at the rates agreed upon, which should include incidental expenses to cater for contingencies of the job.

“Inyatsi Construction Limited duly completed the construction of the Bulk EarthWorks within the period agreed upon between the parties. The defendant has breached the contract by failing to pay for the services rendered,” reads part of the particulars of claim filed by Inyatsi Construction Limited at the High Court.

notwithstanding

Through its lawyers from Simelane Mtshali Attorneys, Inyatsi Construction Limited averred that notwithstanding demand, the defendant failed, refused and or neglected to pay it the sum of E6 179 087.58.

According to a memorandum of agreement that was allegedly signed by the two parties, it was agreed that the payment rates that were applicable to each works order, was to be determined and agreed prior to commencing work to that package. 

As per the memorandum of agreement annexed to the court papers, the parties further agreed that certification and payment for work done to each Works Order would be made within 90 days of submission by the contractor.
The matter is still pending at the High Court and the defendant is yet to file its papers.

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