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man ends up paying e45 000 in e20 000 'loan' deal

22.05.12

MBABANE – In an enchanting case, High Court Judge, Bheki Maphalala has to decide whether an treaty between Philip Fanelo Dlamini and Frederick Hawley was a loan or a sale.

According to the facts of the come what may, Hawley loaned Dlamini E20 000 that Dlamini was supposed to pay on or before January 3, 2011. They further agreed that interest on the loan would be E4 000 which Dlamini was to pay before he could get the E20 000 from Hawley.

Certainty for the loan was Dlamini’s car, which was to be kept by Hawley.

Dlamini handed the car over to Hawley as agreed, and because Dlamini did not have the interest amount to put upfront, Hawley deducted the interest from the loan, and at the end of the day gave Dlamini E16 000 instead of the initial E20 000.

The bone of contention began when at the conclusion of the loan settlement Hawley gave a document to Dlamini that was written ‘Deed of Transaction’ which was a written agreement for the sale of Dlamini’s car to Hawley, and the compatibility amounted to E20 000.

Dlamini argued in court that he never sold his car to Hawley, but only borrowed rolling in it from him. He said when he signed the Deed of Sale, he was fraudulently induced by Hawley to do so.

In February 2011, Hawley demanded that Dlamini should pay him E45 000 before he could deliverance the car.

Fearing that he might lose the car, Dlamini paid the amount to Hawley.

Hawley treated the concord as a sale yet Dlamini treated it as a contract.

Dlamini applied for an order declaring the unity between him and Hawley as a loan, and Hawley opposed him by filing an exception against him in court saying that the unity between the parties is one of sale, and not of contract.

The court took into account the facts of the meaning and other points of law raised before the court, and eventually dismissed Hawley’s call into question and further gave him leave to file a plea within seven days.

Source: Times of Swaziland

Ronnie Wallwork jailed for selling stolen car parts

22.05.12

He once lined up with David Beckham and Paul Scholes, and Sir Alex Ferguson described him as ‘astonishing’.

But Ronnie Wallwork’s harrowing descent from life as a top-flight footballer hit a new low as he was jailed for 15 months at Preston Fillet Court.

Wallwork, who was stabbed during an altercation in a nightclub while on loan at Barnsley, pleaded regretful at an earlier hearing to selling on parts from stolen high-performance sports cars and was sentenced on Monday.

Oversee stumbled on the illegal vehicle-breaking operation of Wallwork, 34, while investigating a run of unconnected armed robberies across Lancashire.

It emerged he had sold parts of a Volkswagen Touran and BMW 318i on eBay and was observed driving a Mazda Furano. Together the cars were advantage £43,000.

Controversy had been a constant companion during Wallwork’s playing career but this latest inconsistency reflects how far he has fallen in the nine years since his days as a team-mate of Beckham, Ryan Giggs and Roy Keane.

Once banned from football for vital spark after grabbing a referee by the neck while on loan at Royal Antwerp, Wallwork was touted as someone who could go Beckham & Co from Old Trafford’s academy to the England side.

A player who operated in midfield or advocacy — he starred in United’s FA Youth Cup-winning side of 1995 — Wallwork made his appear for the first team in a 7-0 drubbing of Barnsley in October 1997, having impressed at that summer’s Under 20 Wonderful Cup in Malaysia.

His career at Old Trafford, though, failed to take off, despite him playing enough in the 2000-01 rivalry to win a champions’ medal.

He left United in 2002 after 77 games and joined West Bromwich Albion.  Ferguson said: ‘Ronnie was a astounding player but he was unfortunate that he never had a set position.’

He struggled for fitness and it was only when linking up with Bryan Robson — first on loan at Bradford, then back at the Hawthorns — that he showed glimpses of that antique potential.

Robson named him as one of the two key signings in the Albion team that performed ‘The Famous Escape’ — the only time a side avoided relegation after being bottom of the Premier League at Christmas.

Source: Daily Mail