Charles Mbingo’s application dismissed
THE High Court has dismissed an application brought by a man, who was seeking an order directing one Agnes Zondi to sign all documents necessary to give transfer on a property in dispute in Manzini.
Charles Velaphi Mbingo’s application was dismissed with costs by Principal Judge Stanley Maphalala. The judge said on the merits lawyer Luke Malinga, representing Mbingo, alleged that his client was the owner of the land in question.
Justice Maphalala said Mbingo had annexed the title deed as proof of ownership.
He said Zondi was correct that the application was fatally defective in that it was not supported by an affidavit of a person, who had personal knowledge of the facts. “The supplementary affidavit filed is merely an afterthought,” he said.
Lawyer Zonke Magagula, for Zondi, had raised points of law that the supplementary affidavit on page 10 of record should be struck off because leave was not sought from the court for its filing.
In this regard, he cited Rule 36 (1) of the High Court Rules to this effect.