IN
THE HIGH COURT OF SWAZILAND
CIV.
CASE NO. 519/95
In
the matter between
SWAZILAND
DEVELOPMENT & SAVINGS BANK PLAINTIFF
And
MARS
(PTY) LTD AND TWO OTHERS DEFENDANTS
Coram
S. B. MAPHALALA - J
For
Applicant MR. T. SIMELANE
For
Defendants MR. T. MLANGENI
RULING
(03/02/00)
Maphalala
J:
This
is an application for the dismissal of the action instituted against
the defendant. The basis for this present application is that
plaintiff has failed to comply with the judgement of this court dated
the 25th January 1999. Further 2nd defendant asks costs of this
application at attorney and client scale.
The
court heard arguments in this matter on the 22nd September 1999 and
reserved judgement. I have considered the submissions made by both
counsel and my view of the matter is that it was mere inadvertence on
the part of the plaintiff not to serve the husband with the judgement
and I share Mr. Mlangeni's views that this cannot be a ground for a
dismissal of such an action. In the premise I order that the
plaintiff is granted leave to served the summons, particulars of
claim and the order of the court dated the 25th January 1999, within
14 days of the making of this order.
I
make no order as to costs.
S.B.
MAPHALALA
JUDGE
