Injunction

Masundvwini Royal Kraal v Evangelical Church (By Christ Ambassadors) and Another (19/2017) [2018] SZSC 10 (03 May 2018);

Search Summary: 

Civil Procedure   ̶ Application by Appellant for an order ejecting the Respondents from the land situate at Mhlaleni, directing the Respondents to demolish all structures they have constructed on the land and interdicting Respondent’s from carrying out any activities on the land – Dispute over the territorial jurisdiction over the area where land is situate – Plea of lis pendens raised by the Respondents -  whether matter pending determination by the          High Court or the traditional authorities – High Court upholds plea of lis pendens  and orders status quo prevailing to be maintained pending determination by appropriate authority – Whether High Court erred in so holding – Whether High Court has jurisdiction to entertain matters relating to land pending before traditional authorities having regard to Section 151 (3) (b) of the Constitution - Held  that High Court has no original jurisdiction to entertain matters in which a Swazi Court has jurisdiction, but High Court has only revisional and appellate juridiction as provided by Section 151 (3) of the Constitution -  where a matter is pending or has been determined by the traditional authorities, the High Court must refer the matter back to those authorities for determination or enforcement – Decision of High Court upheld,  and – Appeal dismissed with costs.

 

IN THE SUPREME COURT OF SWAZILAND

JUDGMENT

HELD AT MBABANE                                                                                                 CIVIL APPEAL CASE NO.19/2017

In the matter between:

MASUNDVWINI ROYAL KRAAL                                       APPELLANT

and

Dlamini and Others v Minister of Public Works and Others (3218/2007) [2007] SZHC 203 (24 October 2007);

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