Court name
Supreme Court of eSwatini
Case number
62 of 2021

Simhlo Investments (PTY) LTD and Others v Eswatini Development Finance Corporation (62 of 2021) [2022] SZSC 42 (14 September 2022);

Media neutral citation
[2022] SZSC 42
Case summary:

Civil Law and Procedure – Whether the High Court misdirected itself in granting Summary Judgment – Whether vis major and impossibility of performance were established by the Appellants and the consequences thereof – Whether the surety agreement  relied upon by the Respondent is lawful – The  application of  the in duplum principle – Held that there was no bona fide defence to resist the Application for Summary Judgment and that the High C

Coram
Dlamini JA
Cloete, JA
Hlophe JA