IN THE
INDUSTRIAL COURT OF SWAZILAND
HELD AT MBABANE
CASE NO.
179/04
In the matter between:
SHABIRI BHAGUBHAI
T/A NOBLE GENERAL
DEALER………………………………..Applicant/
Respondent
SILVESTER
NXUMALO………………………………………...Respondent/Applicant
and
CORAM:
N. NKONYANE : ACTING JUDGE
D. MANGO : MEMBER
G. NDZINISA : MEMBER
B. MNTSHALI: FOR
APPLICANT/RESPONDENT
M. MKHWANAZI :FOR
RESPONDENT/APPLICANT
RULING-
11.05.05
The
applicant/respondent, who shall hereinafter be referred to as
applicant, brought an urgent applicant against the
respondent/applicant, hereinafter referred to as respondent for an
order in the following terms:-
1. That the rules of court
relating to service, forms and time limits be waived and this matter
be considered on an urgent basis.
2. That the writ of
execution issued by this Honourable court be and is hereby stayed
pending finalisation of this matter.
3. That the Deputy Sheriff
be and is hereby directed to return the movable goods under
attachment and belonging to the applicant.
4. That a rule nisi do
hereby issue calling upon the respondent to show cause on the 20th
July 2004 why:
4.1 The Arbitration Award
confirmed as an order of this court on the 22** June 2004 should not
be rescinded and/or set aside pending fmalization of this
application.
5. That prayer 2 and 3
operate with interim and immediate effect.
6. Costs of this
application.
7. Further and/or
alternative relief on 15.07.2004 a rule nisi was granted on
20.07.2004.
The respondent
in its papers raised a point in limine that the application was
defective and that it should be dismissed with costs as the Deputy
Sheriff had not been cited and/or joined.
The point in
limine was argued before the court on 07.09.2004.
Mr. Mntshali
revealed to the court that they have since paid the amount of the
judgement debt, and that the Deputy Sheriff had released the goods
that were attached.
It seems
therefore that prayers 2 and 3 of the applicants application have
been overtaken by events.
The ruling of
the court on the point raised in limine now clearly be academic.
The point of law
raised is accordingly dismissed on the basis that the goods are no
longer in the possession of the Deputy Sheriff, and she now has no
interest in the matter.
No order for
costs is made.
The matter is
referred to the Registrar's office in order to be allocated a date of
hearing on the merits after consultation with the attorneys.
The members
agree.
N. NKONYANE
ACTING JUDGE - INDUSTRIAL
COURT
