Cafe Lingo faces eviction over rent

MBABANE-Cafe Lingo (PTY) LTD, a popular lounge in Mbabane, faces closure after the High Court has issued a temporary order to have its movable property attached.

The lounge has been taken to the court by Millenium Properties (PTY) LTD over a sum of E51 731.89 which it owes as rentals for the premises it occupies at the Ground Floor of the Public Services Pension Fund building in Mbabane.

Justice Bheki Maphalala issued the order on August 6, 2010.

Café Lingo has to show cause by Friday why the interim order should not be made final.

The order directs the deputy sheriff to attach all movable property upon the premises and make an inventory.

The deputy sheriff is to report to the attorneys of the applicant what he has done in the execution of this order.

Millenium Properties also sought for an order to have the lounge ejected from the premises as well as seeking the costs of the suit.

Through the affidavit filed by Itallo Dlamini, who is the Managing Director of Millenium Properties, the two companies entered into a written agreement on April 17, 2008 which was to terminate on June 31, 2013.

Millenium Properties was represented by the managing director himself and the lounge was represented by one Sipho Dlamini.

According to the agreement, Cafe Lingo was expected to pay a sum of E7 875 as monthly rentals for the premises. This money was to escalate at the rate of 10 per cent per annum.

The agreement also stated that in the event the lounge failed to pay monthly rentals, Millenium Properties was entitled to cancel the agreement and retake the premises.

Dlamini alleges that the lounge has failed or neglected to pay the monthly rentals since February 2010 and the money has accumulated to a sum of E51 731.89 as of August 2010.

By failure to pay the monthly rentals, Dlamini states that the company has breached their contract and thus his company is entitled to cancel the agreement and further eject the lounge from the premises.

He continues to say that the continued occupation of the premises is a financial prejudice to his company and has arranged to have the premises allocated to another tenant.

At the time of the publication of this story, lawyer Derrick Jele from Robinson Bertrams Attorneys, who represents Millenium Properties confirmed that Cafe Lingo had not paid the money which is owed and had not yet filed any notice to oppose the application.

When the matter appeared before court, Cafe Lingo was not represented.

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