Du-Pont v Swaziland Building Society and Others (7 of 2015) [2016] SZHC 79 (5 August 2016)

Case summary

Constitutional Law - Application to the Supreme Court for review of a Supreme Court Decision                                                                                                                                                    r

  • Such review sanctioned by section 148 (1) and (2) of the constitution of Swaziland.
  • Constitutional Law· The right to a fair trial includes the right to legal representation -Applicant seeking review because such right breached by the Supreme Court.

Civil Law - Practice - Pleadings - Sale of mortgaged immovable property for far less than the market value - such sale price unfair and oppressive to the judgment debtor.

Practice. Procedure - Rule 46 (13) of the Rules of the High court - under scrutiny and declared to be reviewed and amended - Oversight by courts over sale price of immovable property to be fair and commensurate with market value.

Human Rights - Public interest litigation-· its origin and meaning.

Human Rights - Building societies and financial institutions to be compliant with - Central Bank to oversee such compliance to be in line with country's international obligations -

International Obligations - The right to shelter and the right to earn a living - Best practices to be applied. Supreme Court judgment set aside.

 

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