IN THE HIGH COURT OF SWAZILAND
HELD AT MBABANE CASE NO. 3837/07
In the matter between:
SHILUBANE, MASEKO & PARTNERS PLAINTIFF
and
SANDILE DLAMINI DEFENDANT
CORAM : Q.M. MABUZA -J
FOR THE PLAINTIFF : MR. SHILUBANE OF SHILUBANE,
MASEKO & PARTNERS
FOR THE DEFENDANT : MR. S.V. MDLADLA OF SV
MDLADLA 85 ASSOCIATES
RULING 17/10/08
[1] The Plaintiff herein has applied for summary judgment based on a dishonoured cheque by non-payment and was referred to drawer.
[2] A logical reading of the facts would be that the Defendant drew a cheque for E25,936.00 in favour of the Plaintiff which was referred to drawer, Plaintiff having paid out against it before it was cleared. A clear mistake in my view. However, the Plaintiff denies that this is what happened otherwise I would have granted the application.
[3] Otherwise it is not clear why the Plaintiff insists on payment unless it is for his fees which must be considerably lower than the amount claimed. The Defendant has advanced a good defence that he would suffer prejudice twice if he were to pay the amount claimed herein and that claimed by Abdullah Sindhi.
[4] The application for summary judgment is refused, costs to be in the cause.
Q.M. MABUZA-J
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