Mp Simelane Attorneys v Beauty Build Construction (Pty) Ltd (68 of 2015) [2016] SZSC 18 (30 June 2016)


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IN THE SUPREME COURT OF SWAZILAND

JUDGMENT



HELD AT MBABANE Civil Appeal Case No. 68/2015


In the matter between:



MP SIMELANE ATTORNEYS Appellant



and







BEAUTY BUILD CONSTRUCTION (PTY) LTD Respondent



Neutral Citation : MP SIMELANE ATTORNEYS VS. BEAUTY

BUILD CONSTRUCTION (PTY) LTD (68/15) [2016] SZSC 18 (30 JUNE 2016)


Coram : R.J. CLOETE AJA, J. MAGAGULA AJA and

Z. MAGAGULA AJA


For the Appellant : ADVOCATE M. MABILA

For the Respondent : MR. S. DLAMINI



Heard : 18 MAY 2016

Delivered : 30 JUNE 2016



JUDGMENT



CLOETE -AJA



JUDGMENT

[1] 1. The Court suggested to the parties that it was a very serious matter which needed serious consideration by the Counsel of both parties and the matter stood down to allow discussions to take place.



2. When the Court re-convened, Counsel for both parties advised they had reached an amicable settlement and as a result the Court made the following Consent Order an Order of this Court, namely;



2.1 The Appellant makes payment to the Respondent in the sum of E547,992.35, calculated as follows;



2.1.1 capital sum of E487,992.35;



2.1.2 costs a quo in the sum of E60,000.00;



2.2 interest on the above said capital sum at the rate of 9% per annum as from the 02nd November 2011;



2.3 Respondent’s costs on Appeal including the certified costs of Counsel for settling the Respondent’s Heads of Argument, to be paid by the Appellant.





_____________________________

R. J. CLOETE

ACTING JUSTICE OF APPEAL



I agree

_____________________________

J. MAGAGULA

ACTING JUSTICE OF APPEAL



I agree





_____________________________

Z. MAGAGULA

ACTING JUSTICE OF APPEAL

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