NCAMASE Investments (Pty) Ltd has approached the High Court seeking leave to execute a judgment compelling Nedbank (Swaziland) Limited to pay over E1.7 million in alleged outstanding rental arrears.
The application follows a ruling delivered on September 30, where the court ordered the bank to pay rental fees for leased premises up to June 30 and for space occupied by its Automated Teller Machines (ATMs) beyond that date.
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Represented by Attorney Meluleki Ndlangamandla of MLK Ndlangamandla Attorneys, the landlord filed an urgent application asking the court to allow immediate execution of the September judgment, despite an appeal filed by Nedbank.
Background
On July 3, Ncamase Investments filed an urgent application to interdict Nedbank from removing its ATMs and other movable property from the leased premises pending final determination of the dispute.
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A week later, on July 10, the court issued an interim order preventing Nedbank from decommissioning or removing its equipment.
The court later ruled in favour of the landlord on September 30, ordering the bank to pay arrear rentals and directing both parties to reconcile accounts within 21 days. The reconciliation was meant to confirm the exact amount due, failing which the matter would be re-enrolled for argument on quantum.
Calu: Nedbank Acting in Bad Faith
In the latest application, Ncamase Investments argues that Nedbank has not complied with the court order but instead filed a premature appeal to delay payment and frustrate enforcement.
In his affidavit, Issufo Calu, Director of Ncamase Investments and owner of the Big Tree Complex in Matsapha, said the bank’s continued occupation of the property without paying rent had caused financial strain on the business.
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He maintained that the appeal, filed under case number 101/2025, challenges an order that is not final in nature and thus requires leave from the High Court before being taken to the Supreme Court.
Calu further argued that the appeal lacks merit, was filed irregularly, and serves only to delay payment under a valid lease agreement.
Execution Urged
Attorney Ndlangamandla submitted that the court should grant leave to execute the judgment because the appeal is irregular and does not suspend the existing High Court order.
“The applicant respectfully seeks leave to execute so as to put finality in this matter, which is being dragged unnecessarily by the respondent,” Ndlangamandla stated.
The September ruling ordered Nedbank to pay rentals up to June 30, and to continue paying rent for ATM space until removal. The total arrears are estimated at E1.7 million.
Financial Strain and Loss of Tenants
Calu said the bank’s continued occupation has prevented Ncamase Investments from leasing the property to new tenants.
“The applicant is suffering immensely as they are unable to lease out the premises while the respondent’s movable property remains in the rented space,” he said.
He added that granting execution would not prejudice Nedbank, since any amount paid could be refunded if the Supreme Court overturns the decision.
“If the court later finds in the respondent’s favour, the applicant would simply refund said monies,” Calu stated.
Balance of Convenience
Calu accused the bank of self-help by unilaterally terminating the lease and refusing to pay rentals for the remaining period. He argued that the balance of convenience favours Ncamase Investments, which needs the funds to pay debts and litigation costs.
“It is only an order granting leave to execute that can ensure the respondent does not benefit from its unlawful conduct,” the affidavit reads.
The matter appeared before Judge John Magagula, who noted that since it has a prior history before another judge, it would be properly referred back to that judge.
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