Professional Documents
Culture Documents
The contents of this affidavit are, unless the context indicates to the contrary, within my
personal knowledge and are true and correct.
3. Submissions of a legal nature are made on the advice of my legal representative, which
I accept as correct.
4. On 20 \liay 2022 myself, as the duly authorised representative of Edenema, and [VG
IVcloughlin, the latter beinga member of [Voneyline 1993 CC Ua Gozone Water
(hereinafter referred to as "Gozone Wate/'), entered into an agreement of sale
(hereinafter the "agreement") in terms whereof Edenema purchased a water business
from Gozone Water. A copy of this agreement is attached hereto and marked as
annexure "G".
5.1 "Seller is the rightful owner of GOZONE WATER SHOPS located at 2 Gus
Brown Road, Warner Beach, 400 Kingsway Road, Amanzimtoti and 10
Winkelspruit Road, DSIM [/all, Winkelspruit".
5.2 "The Buyer has expressed an interest to purchase the Water Shops business
from the Seller".
5,3 "ln consideration of the purchase and sale of the Water Shops, the Parties have
agreed to the following payment amounts. Selling Price R1 200 000.00."
5.4. "Total purchase price inclusive of the following - Please see ATTACHED"
6 The agreement included a list of movables which were handed over from Gozone
Water to Edenema on 31 ltAay 2022 and included the following items:
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6.8. 1 x Counter;
6.9. 1 x Chairs;
6.10. Full POS system ([/onitor, Cash Drawer, Printer and Nedbank card machine);
6.11. 4 x Display units & wall shelves;
6.12. Alarm System (Not connected to Armed Response Company);
6.1 3. Fire Extinguisher;
6.14. Air Con with unit on the roof;
6.1 5. 2 x Door Vent Curtains (electric vent blowers);
6.16. CCTV system (4 Cameras);
6.17. 1 x Wood Table;
7 Both parties to the agreement complied with their rights and obligations in terms
thereof, and Edenema successfully purchased the business, which included the
movables listed in paragraph 6 above.
8.1. "1 x 3 tap water station", which is described in paragraph 6.5 above as "1 x
Refill Station (3 taps)";
8.2. "3 x blue water tanks", which is described in paragraphs 6.2 and 6.3 above as
"2 x 1000L clean water tank and 1 x 750 raw water tank";
8.3. "1 x rain bird purification system with haitun pump control", which is described
in paragraph 6.1 above as "complete 250Llhour water Purifying, Re-
mineralizing, Ozonation plant";
8.4. "1 x water purification system", which is also described in paragraph 6.1 above
as "complete 250Llhour water Purifying, Re-mineralizing, Ozonation plant";
8.5. "2 x display fridges", which is described in paragraph 6.7 above as "2 x Double
door display fridges". Only one fridge belongs to Edenema, and not both;
8.6. "1 lot spare parts for tanks", which is not included in the inventory referred to in
paragraph 6 above, but were installed by a technician and paid for by Edenema.
9 l, therefore, submit that Edenema was at all times, and specifically at the time of judicial
attachment, the lawful owner of the movables mentioned in paragraph B above and
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that there was a verbal agreement between myself and the Defendants to place the
movables on its/their premises to temporarily use and to sell purified water refills.
10 ln light of the aforesaid, the Plaintiffs have no right to an asset belonging to Edenema,
and the attachment of its property is, therefore, unlawful.
11 ln the circumstances, I respectfully request that the Plaintiffs instruct the Sheriff, Lower
Tugela, to immediately release the movables belonging to Edenema from attachment.
The terms of Regulation R.1258 published in Government Gazette No. 3619 of the 21st July,
1972, as amended, having been complied with, I hereby certify that the Deponent has
acknowledged that he/she knows and understands the contents of this Affidavit, which was
signed and sworn 16 s1 14,,,,qr,.l."l.tl t#Pdn tf,is A,.q.^st 2023.
"-3d day of g
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Date: 261ffi12$22 Our Reference: 936673548S
KEITH MICHAELCULLIS
E-mail: CAROLINE@TAXMONITOR. CO. ZA
PO 8OX36067
GLOSDERRY
CAPE TOWN
7702
Yours kuly
Cornmissionsr: CIPC
Please Note:
The attached certificate can be validated on the CIPC web site at www.oipc.co.za.
The contents of the attached certificata uas electronically transmitted to the South African Bevenue
Services.
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Sale Agreement
This Sales Agreement is eniered into befureen the Seller Mr. MG Mcloughlin, lD:
5811?25009$38 and the Buyer Mr. GR da Villiers, !D:6204175071086. Furlhermore krown as
"The Partl,es" on thls day ol 3OTh of March 2A??.
Seller ls the rightful owner of GOZONE WATER SHOPS located at 2 Gus Brcwn Road, Warner
Beach.4S0 Kingsway Road, Amanzlmtotland 10 !ryinklespruit Road. DSM Mall. Winklespruit.
The Own:r {MG Mcloughlin} has expressed a desire to sell these Water thops.
The Buyer has expressed an int*rest to purchase the Water Shcps business from
the Seller. 8olfi parties are in agreemenl to the fotlowing terms and conditions:
Descriplion of Business
t WAT=R BUSINESS
' Buyer agrses to trade on the Gozone name as the name is Franchised to Gozone Waler
Corporate (PTY)LTD
. Buyer to sign Grantee agreement with Gozone Water Corporate.
, Buyer to obtain new lease agreements per shop.
. Suyer is obligated to take cver as from the 1st of June ZOZ2.
. Business is sold as "Voetstoots"
' Seller not to open a new Water Shop lrading the same concept within a 100km radius"
Payment
ln consideration of the purchase and sale of the Water Shops, the Par$es have agreed to the
lollowing payment amounts.
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Deposit to MG Mcloughlin = R300 000.00
5A% payment to tho Broker - Cliff Bellfrom Aldus = R35 500,00 (R71 000,00)
Outstanding amount payable to MG Mcloughlin = R864 500.00
Should the agreement been cancelled by the Buyer the deposit will be fqrfeited- ln lhe event
that the Seller cancel lhe agreenent the d=eRosjt wrll be refulgudl S- ?.1 - rf . - "'-i
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Total purchase price inclusive of the following -
&
Please see ATTACHED
Confidentiality
All iniormation between parties obtained through this agreement shall be considered
confdential and will remain so for the length of this agreernent as well as a 60 month period
following this agreement-
Entire Agreement
This document and all attached documents shatl constitute the entire agreement between
parties.
Acceptance
By signing below both parties acknowledge they have read and understand allterms and
conditions listed in this sale agreement.
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Certificate issued by the Commissioner of Companies & Intellectual
Property Commission on Tuesday, l,lay 31,2022 at 13:16
ENTERPRIS E I ilFORIIJIAT'3N
Registration Numb¤r 2022147*71 07
'
Enterpdse l,larne EDEiIEMA (PTY} LTD
AUDITOR DETAILS
AuditorName Type Status Appolntmont Resignation Email Address
Date Datg
Pnolesgion }lumbln
CHANGE SUMMARY
11/O5/2O21 R¤glstrdis o, ccrco on 11i832022.
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