Esw lnvestmnent Group Ltd v Mkhatswa (21) [2023] SZSC 15 (15 June 2023)


Application for review in terms of section 148 of the Constitution of the Kingdom of Swaziland Act 2005 - Application to condone the late filing of Heads of Argument and Bundle of Authorities - Held to be practical, reasonable and commensurate with common sense, justice and fairness, that provisions and requirements of Rule 31 shall apply mutatis mutandis to  such  applications  for review - Since legislation and Rules of Court not promulgated regarding procedural matters - Court in exercise of its inherent powers may regulate its own processes and procedures in manner which would enable practical justice to be administered and matters to be handled along practical lines - Held that since the first review case this Court has been in the process of formulating its procedures - Held that the application for condonation demonstrates a carefree approach to the practice regarding dies in the prosecution of such application before this Court and stands to be dismissed with costs - Held that however, in the interest of justice the Court accepts the late filing of the Heads of Argument and Bundle of Authorities in line with Rule 33(3).

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