MAN DEMANDS E53 000 FROM WOMAN WHO TOOK WHEELBARROW

MBABANE – A wheelbarrow retails for E500 but a businessman of Kwaluseni is demanding over E53 000 from his neighbour after she allegedly unlawfully took it.

Malangeni Sibandze has since taken Bongiwe Ndzimandze of Logoba to the High Court where he is demanding payment of E53 550 and the wheelbarrow. This, after Ndzimandze allegedly took his wheelbarrow without his consent.
Sibandze mentioned that on or about September 5, 2017, one of his boys came to tell him that a neighbour next to his business site had taken the business wheelbarrow because it was trespassing on her land. “This surprised me as the property which Ndzimandze claimed was being trespassed was not fenced and secondly  the path that was used by my assistants is one that is used by everyone and every day,” alleged the applicant. He averred that it came as a surprise that he was singled out as a trespasser and got his business tool taken from him without just cause. These are allegations contained in particulars of claim whose veracity is still to be tested in court and the defendant is yet to file her papers in the event she is opposing the suit.

Sibandze went on to mention that he waited for three days, with the hope and view that the defendant (Ndzimandze) would engage him on the issue or return the wheelbarrow but this allegedly did not happen. He highlighted that since he did not known Ndzimandze’s cellphone number he then decided to approach the police at Sigodvweni to report that Ndzimandze had taken his wheelbarrow and had the nerve not to engage him on that respect. He alleged that on or about September 28, 2017, the police, as part of their investigation, went to the defendant’s place and collected the wheelbarrow. “It must be put on record that, in all the opportune time, the defendant had not made any effort to engage the plaintiff on anything, that is, give the plaintiff reasons for depriving him of his property, nor return the wheelbarrow, let alone lodge a complaint with the police,” submitted Sibandze. He stated that the police then enquired from the defendant as to why she had taken and kept the wheelbarrow and further did not engage him on what was going on.

Ndzimandze is alleged to have told the police that she took possession of the wheelbarrow because it traversed on her property. On further inquiry, Ndzimandze was allegedly asked why she did not report to the police after taking possession of the wheelbarrow. According to Sibandze, the defendant allegedly made an assertion that the matter was reported to the police and she had allegedly requested the law enforcers to join them so that they could deal with the matter amicably. “Defendant was then asked if she brought with her the wheelbarrow when she went to report the matter with the police, to which she responded to the contrary. She was then told equivocally that she had unlawfully been in possession of the wheelbarrow,” submitted the plaintiff.

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