Sheriff ordered to seize Swazi Mac property
MANZINI – The Deputy Sheriff of 0anzini, Charles Thwala has been granted the order to break in and remove Swazi 0ac Holdings 3ty /td’s movable property in 0anzini, in the presence of the police.
The order to attach movable property was granted by the High Court after the above mentioned company allegedly failed to settle the balance of an E
5 . 5 debt allegedly owed to 9illage *roup 3ty /td dating back to last year.
The order to break in and remove the property belonging to Swazi 0ac was also granted by the High Court after Swazi 0ac 0anaging Director 0D , Hector 1dlandla, allegedly resisted and refused to allow the deputy sheriff of 0anzini to access their property in 0anzini, Enguleni Building.
AUCTION
The movable property is to be sold by public auction by the deputy sheriff of the 0anzini District in order to settle the debt of E 5 . 5 plus nine per cent interest allegedly owed to 9illage *roup 3ty /td from 0arch , 0 .
9illage *roup 3ty /td is the applicant in the matter while Swazi 0ac Holdings 3ty /td, 1dlandla, the 1ational Commissioner of 3olice Royal Eswatini 3olice Service and attorney general are the first, second, third and fourth respondents, respectively.
In the notice of motion, the applicant wanted the court to authorise the third respondent 1ational Commissioner of 3olice to assist Thwala or any other authorised deputy sheriff in executing the warrant order of 0arch , 0 . Swazi 0ac Holdings 3ty /td last year acknowledged and further agreed to settle the E 50 .50 debt owed to 9illage *roup 3ty /td in 0arch last year. They further agreed to pay an extra E50 000 interest plus cost of suit billed at E 0 000.
In the deed of settlement, the parties agreed that Swazi 0ac’s account with Standard Bank Swaziland /imited was to be unfrozen. Swazi 0ac would then instruct the 1ational 0aize Corporation 10C to make a payment of E . million to 9illage *roup 3ty /td.
INSTALMENTS
It was further agreed that the remaining balance of E 0 50 was to be in instalments, the first being the payment of the sum of E 00 000 which would be paid before $pril , 0 and the balance thereof be paid before 0ay 0 .
In the deed of settlement, it was further stated that should Swazi 0ac Holdings default in the due performance of its obligations in the terms of the agreement of settlement, the full balance outstanding would be due and payable.
Thwala in his founding affidavit said on or around December , 0 and -anuary , 0 armed with Writ of
Execution against the first and second respondents in the matter, went to Swazi 0ac premises at 0anzini, Enguleni Building to execute same.
Upon arrival at the first respondent’s place of business, he alleged that he found the offices locked and upon enquiry he alleged that he was informed that Swazi 0ac long ceased being a tenant of the offices.
RESPONDENT
³I then called the managing director Hector 1dlandla who is also a surety and co-principal debtor with the first respondent. He promised to come and see me on the same day December
, 0 . The day came to an end without receiving a call from him as expected,” added Thwala.
He further added that he believed that in terms of the law, a party who on order was sought ought to be given notice of the intended hearing.
³I submit that this right of the respondents will not in any way be prejudiced by an order ex parte as the Rules of the Court afford it adequate safe guards against the abuse of such right,” he mentioned.
Swazi 0ac holdings 3ty /td is yet to respond to the allegation made by the applicant in the matter.