SHONGWE VS ZIKALALA AND ANOTHER (267/2024) [2024] SZHC 59 (19 March 2024)

Civil Law - Urgent Application in terms of the Rule 6 (25) of the Rules of Court - Points in limine taken 1- Lis pendens - Lack of urgency - Failure to meet requirements of a spoliation remedy - The crisp issue in this matter is that does the execution  of   a order of Court beyond territorial jurisdiction by a messenger of Court constitutes spoliation? And if it does, what is the remedy? Does the Magistrate Court  have the requisite  jurisdiction  to  parade a remedy to the parties and regulate the execution of it's orders?

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