”‡‡Ž‡ƒ•‡‡––‘–ˆƒ‡•‡–ƒ––‡‘†…‘…—”– ‘‡˜‡–•”
MBABANE – Businessman Walter Bennett has been taken to court for allegedly refusing to release documents of an estate he was engaged in to prevent its sale for arrear rates.
The executrix of the estate of late )rance Mlambo, who died in June
, Marcia Mlambo and Dumsile Mlambo, alleged that tempers flared when they demanded from Bennett the return of the documents original title deed, birth certificates of their parents, their father’s death certificate and others, belonging to the estate and its beneficiaries. Marcia and Dumsile are the daughters of the deceased.
Marcia said this happened when Bennett allegedly failed or refused to hand over the documents. 6he alleged that Bennett was claiming monies which were not part of the agency agreement with his company, Buzzby 6ervices 3ty) Ltd was engaged for. 6he also alleged that he did not per form any worN which he could prove.
,n their application in court, Marcia submitted that, in 1ovember or thereabouts, she engaged Bennett in his capacity as the Director of Buzzby 6ervices to act as her agent in respect of Lot 1o. 6andla Township, for which there is ongoing litigation.
Rates
The litigation is with regard to rates due to the Municipal Council of Mba bane. The engagement of Bennett and his company, according to Marcia, was premised on the finalisation of the winding up of the estate as the rates issue coincided with the winding up of the estate.
“The engagement of the first and second respondents Buzzyby and Bennett) and his specific mandate was to negotiate issues regarding rates with the Municipal Council of Mbabane as the rates of the property were ac cruing, yet the estate registration was not finalised for purposes of winding up the estate at the office of the third respondent master of the High Court).
“6uch a stance was taNen by the first and second applicants Marcia and Dumsile) in order to ensure that the estate property is not sold in ex ecution in respect of arrear rates. The first and second respondent was also mandated to register the estate with the office of the third respondent,” Marcia submitted.
6he submitted that Bennett was engaged to handle the issue of rates with the relevant authority, as some one purportedly Nnown to have the Nnowledge and the right connections.
Veracity
The veracity of these allegations is still to be tested in court. Buzzby and Bennett are yet to file their answering papers.
According to Marcia, when they approached Bennett, he allegedly requested to be furnished with the documents subject to the proceedings to enable him and Buzzby to answer on any question regarding the estate and registering the estate with the Office of the Master of the High Court.
6he submitted that µin crude terms Bennett failed to do so and conse quently my son, 1tobeNo Dlamini, registered the estate on or about March
’.
“, state that , am in possession of only a copy of the Title Deed and that the original Title Deed that is in possession of first and second respondents who now refuses to hand it over to me, together with other documents which are also in his possession.
“, state further that , have engaged the first and second respondents to hand over the Title Deed and other documents in their possession, as same is required by the office of the third respondent to enable us to distribute the estate under the hands of lawfully granted Letters of Administration,” she submitted.
Marcia further informed the court that: “The first and second respondents have flatly, unreasonably, unjustifiably and unlawfully refused with same, to the extent that tempers have flared to such an extent that we have no alter native remedy other than to bring the present proceedings so that we obtain what lawfully belongs to the estate of our late farther.”
Marcia argued that recently, on )eb ruary , , in the company of Dumsile and her son, approached Ben nett at his place of business, but their efforts to get the documents failed.
“The second respondent failed and refused to attend to and hand over the documents to us claiming to be busy.”
According to Marcia, the executrix had bonded the estate with the 5oyal (swatini ,nsurance Corporation as per theAdministration of (statesAct to perform their duties as executrix datives and wind up the estate. 6he alleged that despite their effort, the respondents flatly refused with the original documents in their possession with no legal basis.
Negotiating
Marcia added that Buzzby and Ben nett allegedly failed to execute their mandate of negotiating with the Mu nicipal Council of Mbabane on the issue of rates, as per their instruction and mandate. 6he said the estate was taNen to court for the same rates, which they had at least tried to pay.
Marcia alleged that their investiga tion showed that the respondents only attempted to engage the Municipal Council of Mbabane on or about De cember , regarding the rates issue.
6he alleged that Buzzby and Bennett came up with demands, which were not part of their agreement.
“The first and second respondents have actually come up with demands which were never part of the mandate that was given to him by myself and the second applicant. ,n refusing with these documents sought in this appli cation, the first and second respondents are now claiming monies which have not been part of the agency agree ment nor have performed any worN substantiated by empirical evidence regarding the estate to refuse with these documents,” further argued Marcia.
Marcia and Dumsile are seeNing an order to direct Buzzby and Bennett to hand over forthwith to them the original Title Deed, birth certificates of their parents, the death certificates and any other documents in their possession belonging to the estate and beneficiaries.