Abbas v and Another v Glover (08/2015) [2015] SZSC 30 (29 July 2015);

IN THE SUPREME COURT OF SWAZILAND

                                                   JUDGMENT           

Held in Mbabane                                                                  Civil Appeal Case No. 08/2015

In the matter between:

 

SORAYA OSWIN ABBAS                                                            1^ST       Appellant

OSHUT (PROPRIETARY) LIMITED                                       2^ND      Appellant

vs

PHILDA FREDA OSWIN GLOVER                                          Respondent

 

Neutral Citation:                Soraya Oswin Abbas v Philda Freda Oswin Glover(08/2015) [2015] SZSC30 (29^th July 2015)

 

Coram:                                  S. B. MAPHALALA AJA, ANNANDALE AJA,M. J. DLAMINI AJA

 

Heard:                                   3^rd July 2015; 17^th July 2015

Delivered:                             29^thJuly 2015

Case Summary:                   Withdrawal  of appeal – costs tendered.

            DLAMINI AJA,

[1]      This case appearing on the roll first came before this Court on the day set for it,  the 3^rd July 2015.  On that day it turned out that the parties were not ready to proceed effectively with the appeal.  The reason given was that the July session had not been timeously anticipated for all relevant documents to be filed in terms of the Rules of Court.  For example, some documents like heads of argument were only served that very same morning and had not reached some members of the Bench by the time of the sitting of the Court.  In the result the parties were allowed to prepare themselves and the hearing was adjourned to 9.30 a.m. 0n 17^th July 2015.

[2]      On the 16^th July 2015, that is, a day before the hearing as agreed, the Appellants, represented by counsel, filed a notice of withdrawal of the appeal and tendered costs to Respondent.  That being the case, when the Court sat on the 17^th July 2015, counsel for Appellants informed the Court that the Appellants were withdrawing the appeal,and that this was the agreement with Respondents, who were also represented.  The parties were accordingly informed that confirmation of the withdrawal will be delivered today.

[3]      It is the order of this Court that this appeal be withdrawn with costs as tendered by the Appellants.

 

 

________________________

M. J. DLAMINI AJA

 

 

 

 

 

 

I agree

____________________________

S. B. MAPHALALAAJA

 

 

I agree

____________________________

J. P. ANNANDALE AJA

 

 

For Appellants:                   Ms. B.Dlamini

 

For Respondents:                Mr. T. M. Mlangeni