MBABANE – South African sportswear company Primo has dragged Nsingizini Hotspurs Football Club to court over an alleged debt of E181 676.73.
Avonside Trading (Pty) Ltd, trading as Primo Sportswear, is demanding the money from Nsingizini Hotspurs for technical support services allegedly provided to the club in the form of retainer and apparel merchandise.
In a summons filed before the High Court, the South African company is seeking payment of the outstanding amount, interest at nine per cent per annum from the date of issue of the summons until final payment, and costs of suit.
According to the summons, the amount relates to services reportedly rendered to the football club at its specific instance and request. The plaintiff, Primo Sportswear, has informed the court that the amount is due and payable. However, the football club is alleged to have failed, neglected or refused to settle it despite lawful demand.
“The plaintiff claims judgment against the defendant in the following terms: Payment of the sum of E181 676.73, being in respect of technical support services rendered to the defendant at its specific instance and request in the form of retail and apparel merchandise, which amount is now due, owing and payable; however, the defendant has failed and/or neglected and/or refused to pay the outstanding amount despite lawful demand,” part of the summons reads. The veracity of these allegations is still to be tested in court.
The summons was issued in terms of Rule 17 of the High Court rules.
Avonside Trading, which operates as Primo Sportswear, is registered and incorporated under the company laws of the Republic of South Africa. According to the court document, its principal place of business is at 460 Sydney Road, Congela, Durban, KwaZulu-Natal.
The plaintiff is represented by attorneys from Robinson Bertram, whose offices have been designated as the address at which court processes and documents relating to the action will be served.
The summons requires the football club to respond within the prescribed periods if it intends to defend the claim.
The club is required to file a notice of intention to defend with the registrar of the High Court in Mbabane within 14 days of being served with the summons.
The notice, according to the filed papers, must provide a physical address, not a post office box or post restante address, within five kilometres of the court for the service of notices and other documents in the proceedings.
The summons further states that, after filing and serving the notice of intention to defend, the defendant must file a plea, exception or notice to strike out, with or without a counterclaim, within 21 days. Alternatively, where a declaration is received, the relevant pleading must be filed within 14 days of receipt.
The document warns that failure to file and serve a notice of intention to defend may result in judgment being entered against the football club as claimed by the plaintiff.
It further states that if the defendant files a notice of intention to defend but subsequently fails to plead, except, apply to strike out or institute a counterclaim, judgment may be granted against it without further notice.
The plaintiff seeks any further or alternative relief that the court may consider appropriate, in addition to the payment of the principal amount, interest and legal costs. In the event Nsingizini Hotspurs are opposed to the summons, they are expected to file the relevant papers.
