Washirika 3 Oaks, a company owned by businessmen Romeo Kumalo and Happy Ntshingila, has obtained a court order to attach and auction the mobile assets belonging to Gauteng’s popular drinking spot, Moja Café.
Moja Café, owned by businessman Kutlwano Pitso, failed to pay the duo’s entity more than R1.8-million for the construction work it did at the popular joint’s Sandton branch.
In the court papers, which we have seen, Washirika said on or about November 14, 2022, Moja Café appointed it to refurbish the famous drinking hole frequented by the province’s minted and A-listers.
During the renovation, Washirika did, among others, paintwork, tiling, installation of ceilings and partitions, shopfronts and balustrading, installation of kitchen equipment, shopfitting, fire protection, electrical reticulation, and specialist wall finishes.
For this work, Moja Café agreed to pay Washirika over R3.2 million inclusive of tax.
On or about March 22, 2023, the principal agent issued a certificate for payment of R1 865 532 for Washirika’s payment.
The agent also issued a second certificate for payment. which was also supposed to have been paid within a period of 14 days.
“Notwithstanding that the amount claimed in certificate number two is due, owing, and payable, the defendant has failed to pay the plaintiff the amount of R1 865 532.36 (including VAT),” stated Washirika.
Kumalo and Ntshingila’s company said on or about April 21, 2023, the principal agent issued another certificate for payment of more than R37 000 for Moja Café to pay their company within 14 days.
Notwithstanding that the amount claimed was due, owing, and payable, Moja Café, they said, has failed to pay this money.
They said on July 13, 2023, the principal agent issued the final certificate for the payment of R53 027.27 to Moja Café to pay Washirika.
“The plaintiff did not pay the amount of R53 027.27 (including VAT) to the defendant … The defendant is accordingly indebted to the plaintiff in the amount of R1 850 483.03 (including VAT),” they stated in the papers.
Kumalo and Ntshingila said despite demands, Moja Café has failed, alternatively neglected, or alternatively refused to remit payment, thus breaching its contractual payment
obligation.
Washirika said on about July 14, 2023, a letter of demand was addressed to Moja Café
informing them that it was in breach of its contractual obligations due to its failure to pay the amounts.
They said they demanded that this breach be remedied within 10 working days of the date of the letter.
It advised Moja Café that it intended to terminate the agreement in the event that the breach was not remedied.
Washirika said it issued a letter of termination of its agreement with Moja Café on July 28, 2023.
The company then applied for judgement against Moja Café, and the court, after listening to Washirika’s prayers, concurred and issued a court order to place the establishment under the hammer.
In an order dated the third of last month, the court instructed the sheriff to attach movable properties belonging to Moja Café to settle the debt.
“You are hereby attaching and taking into execution the movable goods of the Moja Café (Pty) Ltd, the above-mentioned defendant with principle place of business at Moja Café (Pty) Ltd, Rivonia Road & Leeuwkop Rd, Sunninghill, Sandton, 2191, and of the same to cause to be realised by public auction the sum of R1 165 357.23 together with interests,” read the order.
