THE HIGH COURT OF SWAZILAND MPHIKELELI ... - SwaziLII

THE HIGH COURT OF SWAZILANDMPHIKELELI MAMBAPlaintiffAndVUSI MANDLA DLAMINIDefendantCivil Case No. 2294/2003CoramFor the PlaintiffFor the DefendantS.B. MAPHALALA - JMR. SHABANGUMR. K. MOTSAJUDGMENT(21/07/2004)The Plaintiff instituted proceedings by way of summons against the Defendant for anorder that the Defendant pay to the Plaintiff an amount in the sum of E8, 000-00(eight thousand Emalangeni) being in respect of a loss that the Plaintiff sustained as aconsequence of the Plaintiffs alleged negligence.On the 5 thDecember 2003, an award of judgment by default was granted in thePlaintiffs favour. Subsequently the Defendant successfully applied for a rescission of

3substantial interest in any order that the court will make in this matter. According tothe dictum in the case of Amalgamated Engineering Union (supra) if a third partyhas, or may have, a direct and substantial interest in any order the court might make inproceedings or if such order cannot be sustained or carried into effect withoutprejudging that party, he is a necessary party and should be joined in the proceedings,unless the court is satisfied that he has waived his right to be joined.On the basis of the above reasons I have come to the conclusion that Cargo Carriers(Pty) Ltd is a necessary party to the proceedings and would therefore order that theproceedings be stayed until Cargo Carriers (Pty) Ltd has been joined in the Plaintiffsaction; and it is so ordered.Costs to be costs in the cause