Times Of Swaziland: KUKHANYA, FURNISHER & FLOORING IN E122 000 BATTLE

KUKHANYA, FURNISHER & FLOORING IN E122 000 BATTLE
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BY KWANELE DHLADHLA  on 23/11/2018 00:50:00


MBABANE – Kukhanya (Pty) Ltd and Furnisher & Flooring (Pty) Ltd are fighting
over retention allowance worth over E100 000.
The latter has taken the company, which trades as Kukhanya Civil Engineering
Contractor, to court seeking an order for retention allowance valued at a total
of E122 927 to be released.
In summons filed before court, Furnisher & Flooring sought judgment against
Kukhanya for the sum of E52 312, being in respect of retention allowance
withheld by the latter in terms of the contract of engagement between the
companies.
Payable
It was submitted that it had been agreed that the allowance would be payable on
completion of works of an undisclosed tender, which Furnisher & Flooring has
completed.
“The retention allowance is now due, owing and payable but despite demand,
Kukhanya fails, neglects and refuses to pay Furnisher & Flooring,” reads the
court application with allegations, whose veracity is yet to be tested by the
court.
The company also sought the court to grant an interest at the rate of nine per
cent from September 15, 2018 to date of final payment.
In the second claim, the company also sought the court to grant an order for the
release of E70 463, which was also retention allowance for undisclosed works
which had also been completed.
For this sum, the company sought the court to grant interest at the rate of nine
per cent from August 26, 2016.
Intention
It could not be immediately ascertained as to whether Kukhanya has filed an
intention to oppose by the time of going to press.
The matter is pending in court and Furnisher & Flooring is represented by
lawyers from Henwood and Company.
Recently, Kukhanya was taken to court by Maputo Plant Hire (Pty) Ltd and Trans
Yuza (Pty) Ltd, who are demanding payment of E1 007 453.90 in respect of
machinery for the Nhlangano – Sicunusa road.
In particulars of claim submitted before court, it had been claimed that on June
20, 2016, the parties entered into a written load and haul contract.
During this meeting, Azmal Gafar represented Maputo Plant Hire, while George
Walmsely stood in for Kukhanya Construction.
Contract
It was alleged that in material express terms of the contract, among others,
Kukhanya Construction was desirous to contract with Maputo Plant Hire to load
and haul material from the designated borrow pit to site at the Nhlangano –
Sicunusa project.
It was submitted that the contract entailed the provision of a 25 to 30 tonne
excavator and six tipper trucks (10 cubic).
For the consideration of the trucks and machinery provided, Kukhanya
Construction ought to pay for load and haul fill or layer works material E21/
cubic metre free haul for one kilometre and for overhaul on material hauled
E1.70/cubic metre per kilometre.
The court was also informed that the rate agreed upon was a dry rate and diesel
would be provided by Kukhanya Construction.