Atlas Motors (Pty) Ltd v Antonio Cossa [2000] SZIC 27 (22 June 2000)


IN THE INDUSTRIAL COURT OF SWAZILAND


HELD AT MBABANE CASE NO. 60/98


In the matter between:


ATLAS MOTORS (PTY) LTD APPLICANT


and


ANTONIO COSSA RESPONDENT


In re:


ANTONIO COSSA APPLICANT


and


ATLAS MOTORS (PTY) LTD RESPONDENT


CORAM:


NDERI NDUMA: PRESIDENT


JOSIAH YENDE: MEMBER


NICHOLAS MANANA: MEMBER


FOR THE APPLICANT: MR M. SIBANDZE


FOR THE RESPONDENT: MR. MNISI


JUDGEMENT


22. 06. 2000


The Applicant seeks a stay of execution pending the determination of the Application for Review filed by the Applicant herein.


A Writ of Execution has been issued by the Registrar of the High Court. The Respondent is a Mozambican national working in Swaziland and currently has no work permit.


It is probable and likely that the Respondent may leave Swaziland at any time.


Should he leave Swaziland after the execution, while 'he review application is pending before the High Court, the Applicant would suffer irreparable prejudice in the event it is successful in its review Application.


2


For this reason alone, I allow the Application for Stay of Execution pending the review proceedings. I however order that the decretal amount be deposited in an interest bearing trust account in the name of the Attorneys for both parties pending the finalisation of the matter.


There will be no order as to costs.


NDERI NDUMA


JUDGE PRESIDENT - INDUSTRIAL COURT

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