POWER TRADE’S E373 000 DEMAND FOR STOLEN GOODS

MBABANE - Buy and Save Supermarket, trading as Power Trade, is demanding E373 000 for its stolen goods from a freight transporter.

The goods were allegedly stolen after a truck belonging to Ricks Logistics (PTY) Limited, which was transporting the consignment, was hijacked.
Buy and Save Supermarket is situated along Macishane Street in Manzini.

Ricks Logistics (PTY) Limited is a limited liability company duly registered in terms of company laws of the Kingdom of Eswatini and having its principal place of business in Manzini.

Through its attorneys from SV Mdladla & Associates, the supermarket had since instituted legal proceedings against Ricks Logistics (PTY) Limited.

Stolen

In its particulars of claim the supermarket alleged that when the goods were stolen they were in possession of the defendant (Risks Logistics (PTY) Limited) as freight transporter and it was liable to compensate it.

“Despite demands, the defendant fails, refuses and/or neglected to pay the sum of E375 000,” submitted the plaintiff (Buy and Save Supermarket)
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 the claim against it.

In a letter annexed to the court papers, Ricks Logistics (PTY) Limited reportedly agreed to compensate the supermarket.
In the letter the director of Ricks Logistics stated that after several meetings he had with the insurer, nothing had materialised and he was sent from pillar to post.

“Therefore, I, on behalf of  Ricks Logistics would like to request that we agree on a financial arrangement at which Ricks Logistics will commence paying your company in instalments on monthly basis from the end of January 2019 for the period of six months,” reads part of the letter which was signed by Muhle Patrick Mngomezulu on January 23,2019.

Mngomezulu went to propose an initial payment of E100 000 and that the balance be paid within the following five months.
In response the management of the supermarket stated that the loss that was incurred, when the truck was hijacked and the consignment stolen amounted to E473 000.

It further agreed to the laid down terms by Ricks Logistics (PTY) Limited, to pay an upfront amount of E100 000 and the remaining balance to be cleared within a five month period.

Compensate

It is alleged that the company failed to pay despite having agreed to compensate the supermarket.
The matter is still pending at the High Court and Ricks Logistics (PTY) Limited has been called to file its notice of intention to oppose within 10 days if it so desired.

The defendant was further told that in the event it failed to file and serve notice as aforesaid, judgment as claimed might be given against it without further notice.

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