Nkhabindze v Swaziland Development And Savings Bank And O Thers (41 of 2014) [2015] SZSC 29 (29 July 2015)

IN THE SUPREME COURT OF SWAZILAND

JUDGMENT

Held in Mbabane Appeal Case No. 41/2014

In the matter between

JABULANI RICHARD NKHABINDZE Appellant

and

SWAZILAND DEVELOPMENT AND

SAVINGS BANK 1^st Respondent

BADENHORST AND SONS IRRIGATION

(PTY) LTD 2^nd Respondent

CHRISTO BADENHORST 3^rd Respondent

DERRICK BADENHORST 4^th Respondent

Neutral Citation: Jabulani Richard Nkhabindzev Swaziland Development And Savings Bank & 3 Others(41/2014) [2015] SZSC29(29^th July 2015)

Coram: M. C. B. MAPHALALA ACJ, J. P. ANNANDALE AJA.And M. J. DLAMINI AJA

Heard: 7^th July 2015

Delivered: 29^thJuly 2015

DLAMINI AJA,

[1] When this matter came up for hearing it appeared that there were some difficulties with the record of appeal not being duly certified by the Registrar. Whether the appeal should be deemed as abandoned or to have lapsed due to the non certification of the recordand whether it was possible to be condoned was briefly mooted,but it is not necessary to decide these issues since the parties intimated that in any event they had reached an amicable agreement.

[2] The parties subsequently filed with the Court a duly signed Agreement of Settlement dated the 7^th July 2015, in terms of which the Appellantinter aliaabandoned the appeal.

[3] The parties applied that the Agreement be made Order of Court.

[4] It is so ordered.

___________________________

M. J. DLAMINI AJA

I agree

________________________________

M. C. B. MAPHALALA ACJ

I agree

_____________________________

J. P. ANNANDALE AJA

For Appellants: Mr. M. Mabila

For Respondent: Mr. T. M. Mlangeni