- Case summary
- An application in terms of Rule 30 (1) of the High Court Rules of Eswatini. Applicant filing Replying Affidavit 7 days outside of the stipulated time in the Rules of Court. Respondents filing a Rule 30 notice and/or application to have the Replying Affidavit set aside with costs. In line with the decided cases in this jurisdiction, the Court exercises a discretion even when an irregularity has been established. The discretion vested with the Court must be exercised judiciously in accordance with justice and fairness where no prejudice has been occasioned by the other party raising the objection. The Court accordingly dismisses the Rule 30 Notice with an order that costs are to be costs in the main matter.
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