R.M.S.Tibiyo (Pty) Ltd v H.P.Enterprises (Pty) Ltd [2000] SZHC 7 (1 January 2000)


IN THE HIGH COURT OF SWAZILAND


CIVIL CASE NO. 199/00


In the matter between:


R. M. S. TIBIYO (PTY) LTD: APPLICANT


AND


H.P. ENTERPRISES (PTY) LTD: RESPONDENT


t/a HEATHER'S FASHIONS


CORAM: MATSEBULA J


FOR THE PLAINTIFF: MR. Z. JELE


FOR THE DEFENDANT: NO APPEARANCE


RULING


This matter was brought to court under a notice of motion accompanied by a certificate of urgency which was filed on the 4th February 2000 for the following relief:


1. Ejectment forthwith of Respondent from Shop U40 situated at Bhunu Mall;


2. Respondent to be ordered to pay costs of this application (I will leave out the other prayers).


On the 3rd February 2000 Respondent filed a notice to oppose and did nothing further except having written a letter dated 1st February 2000 before entering the notice of intention to defend. I do not propose to


2


deal with the contents of the letter. It would appear to me to be a delaying tactic if one reads the letter.


On the 8th February 2000 Respondent's attorneys filed an answering affidavit deposed to by Xiong Yhong Fan and entered a plea in abatement. In its plea it stated amongst other things that Applicant had instituted proceedings against a wrong party. On the 11th February 2000 the matter was set down and the attorneys for Respondent failed to appear and after hearing argument by Applicant's attorneys I granted the relief prayed for in terms of prayers 2.1 and 2.2 and indicated that a written judgment would follow. This is the written judgment and the relief I granted on that day is the ruling in the matter.


J.M. MATSEBULA


JUDGE

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