IN THE SUPREME COURT OF SWAZILAND
JUDGMENT
HELD AT MBABANE Civil Case No. 77/2015
In the matter between:
DAVIDSON DISTRIBUTORS Applicant
And
SWAZILAND COMPETION COMMISSION Respondent
Neutral citation: Davidson Distributors vs. Swaziland Competition Commission (77/2015) [2016] SZSC 19 (30 June 2016)
Coram: DR. B.J. ODOKI, JA
S.P. DLAMINI, JA
C. MAPHANGA, AJA
Heard: 19 May 2016
Delivered: 30 June 2016
Summary: Civil Appeal – Consent order – amendment of the judgment of the court a quo – Judgment of the court a quo upheld and new paragraph added – cost awarded to the respondent at the normal scale.
JUDGMENT
S. P. DLAMINI, JA
[1] This is an appeal that arose from a judgment of the Magistrate Court granting Summary Judgment in favour of the appellant herein.
[2] Having not been satisfied with the Summary Judgment, the respondent herein filed an appeal at the court a quo. The appeal was upheld with costs. The appellant then filed an appeal against the judgment of the court a quo.
[3] At the hearing of the matter on the 19th May 2016 Counsel for both the appellant and respondent consented that the matter be referred back to the Magistrate Court for hearing and that respondent be awarded costs at the normal scale.
ORDER
[4] Consequently, the orders of this court are that by consent;
The judgment of the court a quo is upheld;
At the end of the judgment of court a quo, the following sentence is inserted “the matter be and is hereby referred back to the Magistrate Court for hearing”; and
Respondent is awarded costs at the normal scale.
________________
S.P. DLAMINI
JUSTICE OF APPEAL
I agree ______________
DR. B.J. ODOKI
JUSTICE OF APPEAL
I agree _______________
C. MAPHANGA
ACTING JUSTICE OF APPEAL
FOR THE APPELLANT: K. Q. MAGAGULA
FOR THE RESPONDENT: N.S. MANZINI
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