Kanyhm Estates (Pty) Ltd and Others v Swaziland Industrial Development Co. Ltd and Others (1217 of 2014) [2019] SZHC 45 (11 March 2019)

Civil procedure – petition converted into a trial in respect of two distinct issues – application made under Rule 33(4) of the High Court rules for separation of the issues, one to be dealt with
before the other.

The two issues for trial are:-
1. Whether the Respondents are to be held personally liable for the debts of a company in liquidation, in terms of s361 of the Companies Act 2009,
2. The solvency or insolvency of the Respondents.

Main basis for the application for separation being that, depending on the outcome of the hearing on personal liability of the Respondents, it may or may not be necessary to enquire into the Respondents’ solvency or insolvency.

In such application, court has discretion, and “convenience” is the determinant factor. Meaning of “convenient” was discussed.

Application granted with costs, including costs of counsel in terms of s68(2) of the High Court rules