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