Home » Judicial » Twalumba Loses Wilberg Case

The High Court has ordered Twalumba Holdings to pay $106 640 to Wilberg Investments for construction material supplied and road sealing services rendered in 2011.

Justice Nicholas Mathonsi recently expunged from the record an answering affidavit that had been filed by Twalumba opposing the application and subsequently granted summary judgment in favour of Wilberg Investments.

“In the result, it is ordered that the answering affidavit of the applicant filed on February 25 2014 is hereby expunged from the record.

“The summary be and is hereby entered for the applicant as against the respondent in the sum of $106 640 together with interest at the rate of five percent per annum from 25 September 2012 to date of payment in full,” the judge ruled.

In 2011, Wilberg and Twalumba entered a verbal agreement where the former was to supply civil construction material for a fee. Wilberg also rendered road sealing services for Twalumba in terms of the same agreement and payment was supposed to be effected by September 25, 2012.

Despite demand, Twalumba failed to pay the debt resulting in Wilberg instituting civil proceedings at the High Court.

At court, Wilberg relied on three letters written by Twalumba three years ago in which it acknowledged the debt.

Twalumba’s lawyers Mundia and Mudhara law firm also wrote another letter in June 2013 acknowledging indebtedness.

Armed with the four letters, Wilberg applied for a summary judgment, which was later granted.

The court had to strike out some opposing papers filed by Twalumba upon discovery that they were filed for dilatory purposes.

Source : The Herald