UNIFREIGHT AFRICA LIMITED The case spilled into the courts after Unifreight failed to deliver as expected despite demand over the past four years.
According to court papers, on or around the 6th of
In an affidavit filed on behalf of the company by
The money was to be paid on or before the 30th of each month.
"We also agreed that on the completion date, once received payments totalling
"Parties also agreed that should the applicant default in making payments for a period exceeding 90 days from the date rental is due, respondent shall be entitled to repossess the leases' assets."
The date of payment was to commence on
In fulfilment of the terms of the agreement, applicant paid in full all the monthly instalments and the purchase of the lease's assets.
However, despite repeated demands and in breach of the agreement, respondent has failed and neglected to put assets into applicant's name.
It is against this background that the applicant has approached this court.
"In terms of the agreement, the applicant has performed its obligation and has a right to demand performance from the respondent who are in breach. There is no lawful basis why the respondent should be absolved of performing its obligations having accepted full performance from the applicant," said Sibanda.
The property in question includes some flat trailers and goods trailers.
The matter is pending.
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