THE HIGH COURT OF SWAZILAND
Case No. 1806/95
the matter between:
PLAINTIFF: Mr. B.G. Simelane
DEFENDANT: Mr. A. Shabangu
is an application for summary judgment. The applicant, plaintiff in
the action sues on a dishonoured cheque for E14,400.
cheque was not produced and I was informed that it was lost or
misplaced while in the plaintiff's possession. This would normally
have been a complete bar to summary judgment being given. The
defendant however has admitted issuing the cheque and the
difficulties which may otherwise have faced the applicant do not
defendant however states that the cheque was issued to "the
plaintiff in payment of an amount defendant thought to be owing by
him to plaintiff for the use of plaintiff's vehicles in connection
with a contract the defendant had with the Save The Children's Fund.
is the defendant's case that the plaintiff did not infact make his
vehicles available, and that he the plaintiff was induced to issue
the cheque on the misrepresentation of the plaintiff or his agent
that such vehicles had been made to the Fund.
the facts upon which the defendant basis its case are disputed and
controverted, the relevant issue remains unresolved. It would be
incautious at this stage to decide factual issues on papers before
the Court and the matter will have to go to trial.
the defendant is given leave to defend, costs will be in the cause.