THE HIGH COURT OF SWAZILAND
CASE NO. 256/2000
the matter between
SIMELANE & 3 OTHERS APPLICANTS
SIMELANE (BORN SIMAKUHLE) 1st RESPONDENT
MASTER OF THE HIGH COURT 2nd RESPONDENT
S.B. MAPHALALA - J
Applicants MR. NTIWANE
Respondents MR. MKHWANAZI
matter came on the contested motion of the 31st March 2000 for
arguments. Mr. Mkhwanazi for the respondents raised what purports to
be a point in limine contending that the application before court is
marred with disputes of fact and thus cannot be decided on the papers
as they stand. Mr. Mkhwanazi has not filed Heads of Arguments in
terms of the Chief Justice circular pinpointing the points of
disputes in question. He cited a case I decided that of Civil Case
No. 426/99 Lawrence Pops Jacobs & another vs Nicholas Baleni
Vilane where I ruled that there were numerous disputes of facts to be
decided on the papers and directed that the matter go to oral
evidence. He urged the court to do the same in this case.
Ntiwane on the other hand hold the view that the court can only come
to that conclusion after it had heard the arguments like it did in
the case of Lawrence Pops (supra). I am inclined to agree with Mr.
Ntiwane on the reasons he advanced that this was the correct approach
in the circumstances. It would also appear to me that if the
respondents had filed Heads of Arguments pinpointing the various
points in dispute perhaps the matter would have proceeded in that
thus rule that the application be heard on the merits and the court
will make up its mind as to which direction to take in the event
disputes of fact are revealed.
to be costs in the course.