Stop filling station business - Wafa Wafa Investments

MANZINI – Wafa Wafa Investments (Pty) Ltd wants the court to stop businessman Rodger Mabhoyane Du Pont and his company from operating the filling station.

The company, through its Director Sipho Vilakati, submitted that it believed it had a prima facie right to the orders sought herein by virtue of the lease agreement between it and Du Pont.

Vilakati averred that the balance of convenience favoured that the orders sought be granted to protect the interests of Wafa Wafa Investments (Pty) Ltd as the lessee of the premises in question and having paid a lot of money towards the operations of the filling station.

He submitted to the court that Du Pont and Mhhamuza Ntuthu Investments (Pty) Ltd on the other hand did not stand to suffer any prejudice more than his business (Wafa Wafa Investments (Pty) Ltd) as he had already paid a lot of money towards the premises and, therefore, could be compensated by means thereof, should it be discovered at a later stage that the applicant had no rights over the premises as alleged.

“The applicant has no other adequate alternative remedy that is available to it other than to make this application to court. All attempts to settle the matter with Du Pont have failed. Wherefore, if it may please the court to grant an order in terms of the notice of motion with costs,” submitted Vilakati.

Vilakati submitted that Wafa Wafa Investments (Pty) Ltd had a prima facie right to the orders sought herein by virtue of the lease agreement between it and Du Pont. He said he had been advised that the first respondent had the duty to deliver the premises to his company.

Vilakati submitted that Du Pont was now conducting business, either through himself and/or Mhhamuza Ntuthu Investments (Pty) Ltd, or possibly through a third party to the prejudice of the applicant.

“The applicant (Wafa Wafa Investments (Pty) Ltd and I (Vilakati) have suffered severe financial loss as a result of all the expenses incurred towards the improvements on the premises and actually making sure that the filling station is ready for operation. I have no idea as to how much the respondents are making at my expense and the first respondent will not be in a position to compensate me should he be required to do so at a later stage,” submitted Vilakati.

He averred that his company had already lost business during the period when the filling station was not operational and any further delay would occasion it further prejudice.

Meanwhile, Vusi Nhleko deposed to a supporting affidavit confirming that he was the director of The Grace Commission Investments Limited. He submitted that he was engaged by Vilakati, who is the director of Wafa Wafa Investments (Pty) Ltd.