IN THE SUPREME COURT OF SWAZILAND JUDGMENT ... - SwaziLII

consideration which may weigh with the court when exercisingits discretion to grant or refuse a relistment application. Goodreasons must be given.(ii)The second, and perhaps the more serious, impediment is a viceinherent in the appeal itself.The appellant/applicant hasadmitted that the appeal he is praying to have relisted on theroll is moot. Judges preside over courts not merely to see to itthat the rules are complied with. Of course, that is important.But courts are there to do substantial justice between litigants.Judges are sworn to do justice between all manner of persons,without fear or favour, affection or ill-will. If, in the course ofany judicial adjudication, it becomes clear that the judicialprocess is being used for oblique motives – such as adetermination of moot points, it becomes an abuse of thecourt’s process and the court has an inherent jurisdiction notto stultify itself by issuing a judgment thereon which will reallybe brutum fulmen.[7] In the present application for relistment of the appeal which wasstruck off the roll the applicant says even though the appeal is clearly4