EMBATTLED businessman Temba Mliswa yesterday breathed a sigh of relief after Bak Storage withdrew its
$50 000 storage fees lawsuit against his company, Salt Lakes, at the High Court.
by PAIDAMOYO MUZULU
The former Warriors fitness trainer is now the applicant against Bak Storage as both parties had countersued each other.
The decision to withdraw the application draws to a close the long-running battle in which Bak Storage was suing Salt Lakes for failure to pay storage fees for its assortment of goods that were left at its warehouses.
However, Mliswa in his countersuit claims he gave Bak Storage 280 bales of tobacco as surety, but the tobacco was sold without his consent, giving rise to his counter-application in which he is claiming over $1 million.
Advocate Thembinkosi Magwaliba told judge Justice Amy Tsanga that his client, Bak Storage, was abandoning its claim.
“The attitude of the defendant (Salt Lakes) post January 2009 debt is admitted. Therefore, it becomes apparent that it is $50 000 being claimed and, therefore, it disposes of the claim and there is no need to lead evidence and this leaves us with the defendant’s counter-claim as the matter needed for determination by the court,” Magwaliba said.
Mliswa’s lawyer Advocate Thabani Mpofu then told the court that he was to lead evidence of the amount of his claims from four witnesses, among them Wilfred Nhema and George Maverera, both employees of Salt Lakes, who handled the agreement with Bak Storage.
“I will lead evidence from Wilfred Nhema about the quantum, but it’s unfortunate that currently he is not available, but will be available tomorrow. However, for now, Maverera has agreed to speak on the figures and agreement entered as captured in Nhema’s statement,” Mpofu said.
Justice Tsanga accepted the matter to be rolled over to today for Mpofu to lead evidence from the witnesses.
Mliswa’s counter claim is estimated to reach the million-dollar mark considering the quantity of tobacco involved and the obtaining prices when the matter arose.