1
IN
THE HIGH COURT OF SWAZILAND
CIV.
CASE
NO.
1969/98
In
the matter between
SWAZILAND
ELECTRICITY BOARD PLAINTIFF
And
GASPER CORREIRA DEFENDANT
Coram S.B.
MAPHALALA - J
For
Plaintiff MR. L. MAZIYA
For
Defendant MISS ZWANE
JUDGEMENT
(22/12/98)
Maphalala
J:
The
defendant filed a notice to compel further particulars that the
plaintiff to furnish defendant with further particulars within (10)
days from the date of this order in terms of the letter requesting
same dated 4th November 1998. Costs of this application and further
and/or alternative relief. It emerged when the matter came before me
on the 4th December 1998, that plaintiff had furnished the requested
particulars within the prescribed time.
The
matter that was in issue was who bears the costs for the appearances
of the 4th December 1998. After hearing both parties I reserved my
ruling on costs. On consideration it appears to me that plaintiff is
entitled to the costs of having to be dragged to court whilst
plaintiff had complied with what the defendant was seeking. The
plaintiff on the 4th December 1998 was to apply to remove the matter
from the roll.
In
the result, I grant plaintiff wasted costs of the 4th December 1998.
S.B.
MAPHALALA
JUDGE
