Latest judgments

Practice and Procedure : Summary judgment - Rule 32 - Application for - Compliance with rule 18 (6) and proviso to rule 30 (I) - Affidavit resisting summary judgment - Objection to application - Point in limine - Taking 'further step'- Requirements in terms of rule 32 (4) (a) considered -Appeal dismissed with costs,

Civil procedure: Application for rescission succeeds, it having been shown that the order was erroneously granted in the absence of the Applicant due to misinformation regarding ownership of the motor vehicle, thus satisfying the provisions of Rule 42(1)

Civil Appeal – In respect of a ruling from the Senior Magistrate for the District of Hhohho on an application for summary judgment – basis of the liquid document being an acknowledgement of debt – principles governing summary judgm

The accused were convicted of culpable homicide-consideration of the triad-consideration of uniformity of sentences should not interfere with the free exercise of judicial officer’s discretion to impose the appropriate sentence-accused each sentenced to six years’ imprisonment wholly suspended for a period of five years on condition the accused are not convicted of culpable homicide during the period of suspended sentence.

  1. The Accused person, Vusi Sotja Motsa, has been found guilty on a charge of culpable homicide in that upon the month of July 2021 at or near Siyendle area in the Shiselweni Region, the said accused person did unlawfully and negligently kill one Menzi Ngwenya by  hitting him on the he