THE
HIGH COURT OF SWAZILAND
PAULOS
E. DAVISON
1st
Applicant
MARGARET
MABUZA
2nd
Applicant
PETER
J. DAVISON
3rd
Applicant
MICHAEL
P. DAVIDSON
4th
Applicant
WILLIAM
T. DAVIDSON
5th
Applicant
SIBIMBI
INVESTMENTS (PTY) LTD
6th
Applicant
And
JANNIE
DAVIDSON
1st
Respondent
MASWAZI
NSIBANDZE
N.O
2nd
Respondent
In
re:
JANNIE
DAVIDSON
Petitioner
2
And
PAULOS
DAVIDSON
1st
Respondent
MARGARET
MABUZA
2nd
Respondent
PETER
J. DAVIDSON
3rd
Respondent
MICHAEL
P. DAVIDSON
4th
Respondent
WILLIAM
T. DAVIDSON
5
th Respondent
SIBIMBI
INVESTMENTS (PTY) LTD
6th
Respondent
Civil
Case No. 1237/2003
Coram S.B.
MAPHALALA - J
For
the Applicants MR. SHONGWE
For
the Respondents MR. L. MAMBA
RULING
(06/06/2003)
The
Applicants filed an urgent application for an order in the following
terms:
1. Condoning
the non-compliance with the usual requirement of the Rules of Court
regarding the notice and service of the application and hearing the
matter as one of urgency.
2. Setting
aside the writ of execution of immovable property issued by 1st
Respondent in the above Case Number the 8th day of April 2003.
3. Staying
the execution of the above stated writ pending the hearing and
finalization of this matter.
3
4. That
a rale nisi do hereby issue calling upon Respondents to show cause,
on a date to be determined by the Honourable Court why an order in
terms of paragraph 2 and 3 should not be final.
5. That
the orders sought in terms of paragraphs 2 and 3 hereof operate with
immediate effect as an interim relief.
6. That
the Applicants be granted the costs of this application in the event
of unsuccessful opposition by the Respondents.
7. Such
further and/or alternative relief which may appear fit and proper to
the above Honourable Court.
The
founding affidavit of the 2nd Applicant is filed in support thereto.
A confirmatory affidavit of the 1st Applicant is also filed. A number
of annexures pertinent to the Applicant's case are filed in support
thereto.
Mr.
Mamba for the Respondent filed a Notice of Intention to oppose on the
28th May 2003. He thereafter on the 30th May 2003, filed an opposing
affidavit deposed to by himself.
The
matter came before me in the uncontested roll of the 30th ultimo
where I heard brief submissions and I then reserved my ruling. The
issue revolves around the affidavit filed by Mr. Mamba. Mr. Shongwe
for the Applicant challenged this affidavit on a number of points. On
the other hand Mr. Mamba took the view that the averments raised
therein disposes of the matter.
I
have considered the affidavit and I am of the considered view that in
order for this issue to be fully ventilated the Respondents are to
file a proper answering affidavit in the normal way. This is a
complicated matter which touches on a number of vexed questions of
fact and law.
4
In
the premise, I rule that the matter take its normal course and the
rule nisi issued on the 30th May 2003 extended to a date to be agreed
to by the parties.
I
make no order as to costs.
S.B.
MAPHALALA
JUDGE
