BRANDING DESIGN ORDERED TO PAY GLOBEFLIGHT E375 673

 MBABANE - Branding Design has been ordered to pay Globeflight Swaziland (PTY) Limited a sum of E375 673.42 

This comes after the Supreme Court dismissed its appeal where it was denying liability.

Globeflight Swaziland (PTY) Limited is an incorporated company which conducts business as a courier.

In its particulars of claim the applicant (Globeflight Swaziland (PTY) Limited averred that an oral agreement was made whereby it would provide its services to Evolution Media (PTY) Limited trading as Branding Design.

Dispute

The dispute which was sought to be raised by the defendant was that Branding Design was not party to the agreement. Instead it averred that it was entirely different legal entity, being the same company, but trading as Embroidery Specialists.

In its simple summons the plaintiff, now respondent in the appeal (Globeflight Swaziland (PTY) Limited, instituted action for payment of two claims for services rendered, with a total amount of E375 673.42 together with interest at nine per cent. 

Plaintiff’s declaration together with the invoices attached to the summons detailed numerous transactions wherein the Globeflight Swaziland invoiced Evolution Media for courier services provided during the period of December 26, 2017 and March 8, 2018.  Various credit entries were also reflected wherein the defendant made diverse payments on both of its accounts.

The discrepancy between the originally claimed amounts and the reduced amounts as per its declaration and application for summary judgment was explained to be based on acknowledgment of indebtedness to the plaintiff.

Denied

The Supreme Court stated that importantly, the acknowledgment of debt was not denied in the affidavit resisting summary judgment.  The court observed that what was stated as a point of law was that Branding Design was no liable for any debts, that it was a misjoinder.  Instead the defendant’s director, Dean van Zyl reportedly had it that the agreement was between the plaintiff and Evolution Media (PTY) Limited trading as Branding Design.

The court said it seemed to it that Evolution Media was an incorporated company with Dean van Zyl as a director and that it trades as both Branding Design and Embroidery Specialists.  The Supreme Court judge stated that at the hearing of the appeal, the appellant’s attorney was adamant that there were two separate legal entities, individually and separately registered, each with the same company name, but with one trading as Branding Design and the other as Embroidery Specialists.

persuaded

The court said it was not persuaded that the appeal had any merit.

It found that the trial court correctly and justifiably held that there was bona fide defence to the claims and that there was also no triable issue which ought to be dealt with in the course of a trial.   The summary judgment, according to the Supreme Court was correctly ordered. The court then dismissed the appeal with costs and further ordered that the balance in the amount of E11 190.50 was referred to trial in the event it had not been settled and it the plaintiff a quo is so advised and inclined.

The appellant was represented by lawyers from Musa M Sibandze Attorneys while appearing for the respondent was Sikhumbuzo Simelane.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: