Welcome to the eSwatini Legal Information Institute

Practice-Exception-that particulars of claim do not sustain cause of action-court to determine whether or not particulars of claim lack the necessary averments required to sustain a cause of action-settled law that in adjudicating exceptions

Appeal to Industrial Court of Appeal - Industrial Court holding that the Judicial Service Commission has no locus standi to sue and be sued in its own name and that Industrial Court has no jurisdiction in terms of Section 8(1) to grant the relief sought by appellants

Appeal to Industrial Court of Appeal - Industrial Court awarding loss of earning to applicant claiming unfair dismissal and unlawful termination of contract of employment.

Civil Procedure- Rule 30 notice raised against the filing of a Notice of Intention to Oppose approximately 43 days out of time as opposed to  the stipulated 5

The Accused persons have been found guilty  of murder and  robbery, such offences have been committed on the 30th September 2019 at Sidv

Civil procedure -  Appeal against  a dismissal of an Application for Summary Judgment before the High Court - Audi alterum partem. - And compliance with a Court Order - Held that the matter be referred to the High Court for oral evidence before a different Judge -Held further that the Order of the High Court dated 16th June 2021 is held in abeyance pending the outcome of the hearing before the High Court - And held further that no order as to costs is made.

Civil Procedure -   Application/or revi

Criminal law-Criminal Procedure-accused found guilty on three counts of murder and one count of contravening Arms and Ammunition Act, 1964-extenuating circumstances    principles restated-extenuating circumstance exist-consideration of principles of the triad-personal circumstances of the accused to give way to seriousness of the crimes and interests of the families of the deceased-accused sentenced to twenty years on each of the counts of murder-accused sentenced to five years imprisonment with the option to pay a fine of five thousand Emalangeni for possession of a firearm and rounds of a

Criminal Procedure - Application for Bail -Applicant facing count of attempted murder and kidnpping - Applicable statutory and Constitutional Principles discussed - Incidence of Onus - Crown invoking Section 96 (12) (b) of the Criminal Procedure and Evidence Act 67 of 1938 - Reverse onus and when applicable -No reference to attempted murder in the schedule 4 category indicated in the charge or evidence- Crown invoking likelihood of Interference and Applicant endangering a sole witness - No evidence led to substantiate the invoked grounds - Crown failing to discharge onus

Civil law- Law of contract- Written contract of hire.