Trencor ordered to pay over E1.1m debt
MBABANE – Trencor Investments (Pty) Ltd has been instructed to pay over E1.1 million plus 9 per cent interest owed to Africa Chicks (Pty) Ltd.
Africa Chicks (Pty) Ltd supplied broiler chicks and chicken feed to Trencor Investments (Pty) Ltd, who were contending that all goods were duly paid for.
Africa Chicks (Pty) Ltd was the plaintiff and Trencor Investments (Pty) Ltd was the defendant.
The matter was before the High Court of Eswatini and judgment was delivered by High Court Judge Bongani Sydney Dlamini.
On November 6, 2016, the plaintiff sued the defendant for two different sums of money, the sum of E642 212.14 and further sum of E460 152.02.
The sum of E642 212.14 was said to have risen from the sale and delivery of broiler chicks to the defendant at the latter’s special instance and request.
The sum of E460 152.02 was said to arise from the sale and delivery of set for trial but both the plaintiff and defendants were not present, the court removes the matter from roll.
This then forced the matter to be given a new trial date and it was allocated June 20 and 23, 2022.
“The matter could, however, not proceed on the allocated dates due to the unavailability of the court. The unavailability of the court was explained to both parties,” said Dlamini in the judgment.
When the matter went for trial on October 18, 2022, Africa Chicks evidence was presented through its only one witness, Julia Rita Saulos.
The evidence by this witness was that she was employed by the plaintiff in the 2016 and that she presently occupies the position of Country Director within Africa Chicks.
The witness stated that prior to being the country director; she was employed by the plaintiff as operations manager.
According to the testimony of Saulos, she stated that Vusi Humphrey Dlamini, the Managing Director of Trencor Investments (Pty) Ltd was one of Africa Chicks (Pty) Ltd major customers.
She stated that the plaintiff would supply the day-old chicks to the defendant on a weekly basis to his various farms situated at Motshane and Sigangeni.
The witness sated that on a weekly basis, the plaintiff would supply between 20 000 to 25 000 day-old chicks to the defendant.
The evidence by Saulos was that the business arrangement between the parties was that the plaintiff would supply on credit to the defendant, the day-old chicks and that the defendant was expected to settle or pay for the goods within seven or 30 days.
“The evidence by Saulos was that the credit facility existing between the parties was that upon delivery of the specified goods, an invoice would then be generated by the plaintiff, which the defendant was required to settle within the agreed period,” mentioned the High Court judge.
This arrangement, according to Saulos, continued until the defendant’s payment of goods delivered became inconsistent and eventually stopped.
She stated that upon making payment, the defendant’s accounts department would thereafter generate a reconciliation statement showing a list of deliveries and a list of payments made to the plaintiff.