Times Of Swaziland: CARMICHAEL, R&H BATTLE RAGES ON

CARMICHAEL, R&H BATTLE RAGES ON
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BY MBONGISENI NDZIMANDZE AND KWANELE DHLADHLA  on 09/06/2019 21:23:00


MBABANE – The legal battle between businessman, Mark Carmichael and R&H
Filling Station is far from over.
Carmichael has since come out to claim that CM Concrete (PTY) Limited, a company
in which he is the director, loaned R& Filling Station a sum of E778 960.
Other respondents in the matter are Tereisa Reid and Tyrone Reid.
“This loan remains outstanding and value was apportioned for the acquisition
of the assets of R&H Filling Station with a value to date outstanding and owing
forming a counterclaim against the claim for business value,” submitted the
businessman.
He now wants CM Concrete (PTY) Limited to be joined in the matter between R & H
Filling Station and Total Swaziland Limited in Manzini. The businessman averred
that in the proceedings which had been instituted by R&H Filling Station, CM
Concrete (PTY) Limited had a direct and substantial interest.
The genesis of the matter is that R&H Filling Station and two of its directors
Teresia  and Tyrone, instituted legal proceedings against Total Swaziland (PTY)
Limited where they are demanding E3 million for alleged breach of contract.
In the aforementioned matter, Carmichael has been cited as the second
respondent.
These are allegations whose veracity is still to be tested in court.
Total Swaziland reportedly repudiated its agreement with R&H Filling Station by
entering into an agreement with a third party in relation to the property where
the filling station was situated.
Alleged
Total Swaziland is alleged to have done so without having given any notice and
any compensation to R&H Filling Station, including value compensation of the
improvements on the premises.
The directors of the filling station contended that they had no intention to
relinquish their interest and ownership of the franchise business.  They claimed
that they actually had a reasonable expectation that the lease agreement with
Total Swaziland would be renewed upon expiry as it had always been over the
years.
It was also their argument that they had proprietary rights which flowed from
the business of the filling station.
“The conduct is moreover against public morals, unfair and contrary to good
business ethics,” submitted the directors of R&H Filling Station.
Other respondents in the matter ar Eco-Flo Energy (PTY Limited. In their
particulars of claim, the plaintiffs (R&H Filling Station and two of its
directors Teresia Reid and Tyrone Reid) submitted that on January 20, 2018, R&H
Filling Station entered into a written lease agreement with Total Swaziland
(PTY) Limited. According to Teresia, during the signing of the agreement Total
Swaziland was represented by one Mngani in his capacity as managing director.
She submitted that it was agreed that Total Swaziland would provide premises
described as Portion 3 of Farm 11, Ngwane Park Street to R&H Filling Station for
retail of petroleum products.
Teresia asserted that the material terms of the agreement were inter alia that: 
The first defendant (Total Swaziland) would give occupation of the premises, to
the plaintiff (R&H Filling Station for rental of petroleum products
She narrated that pursuant to the aforesaid agreement of lease, Total Swaziland
gave occupation to R&H Filling Station.  She highlighted that the lease
agreement was valid from September 1, 2007.  She claimed that the lease
agreement was still valid for the year 2013 and 2014 and would only terminate
upon notice by Total Swaziland.