Fakudze v Tsabedze and Another (73/2023) [2024] SZSC 68 (21 May 2024)

Contract of sale - business situate on Swazi Nation Land     Contract perfected - purchase price paid in cash and in kind. Oral agreement. PlaintijflAppellant belatedly wants to resile and sought declaration of it being null and void, ab initio, plus ejectment of purchaser from business premises, due to alleged undue influence in concluding the contract and because premises are situate on Swazi Nation Land. Held that the latter contention obfuscated the issue and resulted in appealable order due to principle of/ex loci rei sitae vis-a-vis jurisdiction of the High Court and traditional structures under Siswati Law and Custom. Cause of action founded on law of contract under common Law, justiciable in High Court, not under the traditional structures. Doctrine of approbation and reprobation applied. Appeal partially upheld, with costs.Contract of sale - business situate on Swazi Nation Land     Contract perfected - purchase price paid in cash and in kind. Oral agreement. PlaintijflAppellant belatedly wants to resile and sought declaration of it being null and void, ab initio, plus ejectment of purchaser from business premises, due to alleged undue influence in concluding the contract and because premises are situate on Swazi Nation Land. Held that the latter contention obfuscated the issue and resulted in appealable order due to principle of/ex loci rei sitae vis-a-vis jurisdiction of the High Court and traditional structures under Siswati Law and Custom. Cause of action founded on law of contract under common Law, justiciable in High Court, not under the traditional structures. Doctrine of approbation and reprobation applied. Appeal partially upheld, with costs.