WHY GALP WENT TO COURT
● Galp argues that Ncamase Investments (Pty) Ltd has no right to terminate the lease agreement. In its application at the +igh Court, Galp is seeking an order to interdict and restrain Ncamase Investments from taking any steps to effect its decision of February 19, 2024 to terminate the lease agreement between the parties.
● Galp also wants Ncamase Investments, which is the landlord of the premises of Big Tree Complex in Matsapha, to be interdicted from interfering with or removing any of its property on the premises, whether it is made up of advertising material, signage, installations, tanks, pumps and other equipment installed by Galp from time to time on the premises.
● The relief sought, according to Galp, shall operate as an interim interdict pending finalisation of the dispute between the parties concerning the validity of the lease agreement.
●Big Tree Complex terminated its lease agreement with Galp and wrote to the Eswatini Energy Regulatory Authority (ESERA), seeking its intervention.
● The Managing Director (MD) of Galp Eswatini, Bruno Marques, told the court that Galp responded by a letter dated February 23, 2024, disputing the validity of Ncamase Investments' purported termination of the lease agreement and its entitlement to terminate the lease agreement for the following reasons, among others
● The lease agreement endures until September 30, 2025 and contains an option to renew in terms of which the applicant is entitled to renew the lease agreement for a further period of four years and 11 months commencing on October 1, 2025 and which it intends to exercise within the timeframe stipulated in Clause 2 of the lease agreement