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IN
THE HIGH COURT OF SWAZILAND
CIV.
CASE NO. 852/98
In
the matter between
ALLEN
MANGO PLAINTIFF
And
MOTSA
INVESTMENTS (PTY) LTD DEFENDANT
Coram S.B.
MAPHALALA - J
For
Plaintiff MR. MAGAGULA
For
Defendant MR. MAHLALELA
RULING
ON COSTS
(22/12/98)
Maphalala
J:
The
matter came before me on the 24th July 1998 where the court was
informed by Mr. Mahlalela that his client has made payment to the
plaintiff in accordance with the plaintiff's claim. The only
question, which remained for consideration by the court, was that of
costs. I must point out that the dispute of costs revolves around
correspondence between the attorneys of the parties. Both attorneys
promised to furnish the court with these letters for the court to
make an informed conclusion in this matter. The court had to
persistently remind one of the parties through its clerk to furnish
the pertinent letters thus the delay in handing down this ruling.
To
revert back to the issue germane to this dispute Mr. Mahlalela was of
the view that his client had made full and final settlement of the
claim and thus each party is to pay his own costs. On the other hand
Mr. Magagula submitted that the plaintiff is entitled to its costs,
as there was no condition set when the payment was settled. The
defendant cannot be allowed to avoid costs by coming to court on the
eleventh hour with payment that was received by plaintiff's attorneys
on the previous day the matter was to be heard being the 24th July
1998.
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I
have deliberated on the matter and my view is that defendant pays the
costs claimed by the plaintiff. I agree in toto with Mr. Magagula in
his submissions.
S.B.
MAPHALALA
JUDGE
