HOUSING BOARD DEMANDS E65 822 FROM UWEMI

 MBABANE – The Eswatini Housing Board has taken Uwemi Investments (Pty) Limited to court for alleged arrear rentals amounting to E65 822.

Uwemi Investments is alleged to be in breach of the written lease agreement which the parties entered into in respect of property located on Portion 1431 (a portion of Portion 3) Farm Dalriach No.188, Woodlands Shopping Centre in Mbabane.

The Board has since instituted legal proceedings at the High Court to demand payment of the amount of E65 822 at nine per cent interest.
As per its court papers, the Board is also seeking an order for the cancellation of the lease agreement and ejectment of the company, and all those holding through or under it, from the premises.

Removal

It further applied that pending payment of the arrear rentals and other charges, the removal of any movables and in particular, fittings and fixtures, from the premises be interdicted.
The deputy sheriff, according to the Eswatini Housing Board, should be ordered to take necessary steps to prevent the removal or alienation of movables from the premises.

The Director of Corporate Services at Eswatini Housing Board, Khulile Dlamini, told the court that Uwemi Investments has allegedly been in occupation of the premises in terms of the agreement since July 1, 2017.  Dlamini submitted that the lease agreement was for a term of five years and it was to terminate on June 30, 2022. The veracity of these allegations is still to be tested in court. Uwemi Investments is still to respond to the allegations.

  The monthly rental, according to Dlamini, was the sum of E5 700 and the amount would escalate yearly at the rate of nine per cent inclusive of value added tax (VAT). The director informed the court that the parties allegedly agreed that failure to pay rentals or any other amount on the due date would be a material breach of the lease agreement.
Dlamini further informed the court that Uwemi Investments’ proprietor allegedly agreed that the Eswatini Housing Board had a lien over all assets belonging to, or owned, by the company and those situated upon the lease premises which constitute security for the payment of all rentals in terms of the agreement.
Dlamini alleged that it was during the company’s occupation of the premises that it allegedly failed to pay the rentals despite that the parties agreed that rent should be paid in advance and without deductions. Despite the terms of the agreement, Dlamini informed the court that the company had been in breach of the lease agreement from July 1, 2017.

Lease

“From July 1, 2017 up to the present day, the first respondent (Uwemi Investments) is in total breach of the said written lease agreement and has failed to pay the monthly rent amounting in the sum of E65 822. The first respondent is therefore currently in arrears with the rental in the total sum of E65 822,” submitted Dlamini.

The director informed the court that Eswatini Housing Board had allegedly given notice to Uwemi Investments that the lease had been breached and cancelled. Dlamini told the court that the balance of convenience favours that an interdict be placed in the event that such monies were not paid to the applicant and that it would be in a position to attach and sell the items in order to recover the arrear rentals.

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