Jericho Church Of Zion v Vilakati And Others (Case 19 of 2010) [2010] SZSC 5 (30 November 2010)

IN THE SUPREME COURT OF SWAZILAND

HELD AT MBABANE CASE NO. 19/2010

CITATION:[2010] SZSC3

In the matter between:

JERICHO CHURCH IN ZION 1^st APPELLANT

AND

BHEKIBANDLA VILAKATI 1^STRESPONDENT

MASHAYINKWELE ALBERT DLAMINI 2^ND RESPONDENT

CLEOPAS GININDZA 3^RD RESPONDENT

STEPHEN HLOPHE 4^TH RESPONDENT

KOTO SAMUEL VILAKATI 5^TH RESPONDENT

ESAU MNDZEBELE 6^TH RESPONDENT

CORAM: RAMODIBEDI CJ

EBRAHIM JA

FARLAM J.A

FOR THE APPELLANT MR.M.L.M. MAZIYA

FOR THE RESPONDENT MR.T. MLANGENI

JUDGMENT

Farlam J.A.:

In this matter the appellant brought an application in the High Court for an interdict relating in the main to the use of the name Jericho Church in Zion.

When the matter was argued the attention of the appellant’s counsel was drawn to certain difficulties in the appellant’s case as set out in the founding affidavit filed on its behalf. Counsel for the appellant thereupon indicated that he wished to withdraw the appeal and he tendered the costs of the appeal. Mr Mlangeni, who appeared for the Respondent, had no objection.

In the circumstances it is recorded that the appeal was withdrawn and that the costs of the appeal were tendered by the appellant.

________________________

I.G. Farlam

Justice of Appeal

________________________

I agree M. M. Ramodibedi

Chief Justice

I agree ________________________

A. M. EBRAHIM

Justice of Appeal

Delivered in open court on this 30th day of November 2010.