THE
HIGH COURT OF SWAZILAND
BHUBESI
MAGAGULA
Applicant
And
DIAMOND
INVESTMENTS (PTY) LTD
1st
Respondent
RUDOLPH
DIAMOND
2nd
Respondent
Civil
Case No. 2384/2005
Coram:
S.B. MAPHALALA - J
For
the Applicant MR. J. RODRIQUES
For
the Respondents:MR. P. SHILUBANE
RULING
(On
points of law in limine) (11th
November 2005)
[1]
Applicant instituted an urgent application against the Respondents in
terms of which he seeks, inter alia, the return of certain movables,
cancellation of the lease agreement between the parties and costs of
application. However, for present purposes the Respondents have
raised points in limine in this matter as follows:
3.1
In
limine, I am advised and I accept that the Applicant's Notice of
Motion is fatally defective because it does not comply with the
peremptory provisions of Rule 6 (25) of the Rules of court.
3.2
The matter is not urgent
in that the urgency is of the Applicant's own making because the
alleged eviction took place in March 2005. Legal argument will be
advanced at the hearing of this matter to support same.
3.3
The
Applicant is not entitled to the relief sought because he should have
foreseen that the material disputes of fact would arise which cannot
be resolved on the papers.
[2]
Before addressing these points I proceed to outline in brief the
background of the matter as follows; According to the Applicant a
dispute arose between himself and the 2nd
Respondent regarding the non-provision of water at its premises by
the Swaziland Water Services Corporation due to non-payment by the
1st
Respondent. In terms of the said dispute, the
