Eswatini Investment Group Limited v Simelane (35 of 2021) [2022] SZSC 23 (10 June 2022)

Case summary

Civil Procedure - Summary Judgment Procedure. Rule 32 (5) of the High Court Rules requires a defendant who is opposed to Summary Judgment, to file an affidavit resisting it. According to Rule 32 (4) The Court is obliged to scrutinize such  opposing  affidavit  to ascertain for itself whether there is an issue or question which ought to be tried or there ought for some reason to be a trial of that claim or part thereof. The defendant must set out material facts of its defense in its affidavit, though not in an exhaustive fashion. The defense must be clear, unequivocal and valid.

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