Prince Mahlaba wins eviction court battle
MBABANE – Prince Mahlaba can now eject Msimisi Dlamini from his plot at Mhlaleni and further demolish all structures that are within the boundaries of the land.
All the information was contained in the order of court obtained by the prince yesterday. The order was issued by High Court Judge Mumcy Dlamini.
In his particulars of claim attached to the application, the prince describes himself as an adult male of Lozitha. He goes on to describe the defendant as Mhlatsi Howard Dlamini who was represented by Msimisi Dlamini. Msimisi allegedly sought to substitute himself as the applicant during the course of the proceedings. He hails from Mhlaleni.
Mahlaba alleges that he launched proceedings against Mhlatsi in 1998 and an order on court was issued on August 24, 1999. In terms of the order granted, Mhlatsi was interdicted from building a shop and other structures on land at Mhlaleni, which land was allocated to and occupied by Mahlaba in terms of Swazi Law and Custom.
The prince’s case as stated in his affidavit is that he was allocated a piece of land at Mhlaleni, Logoba, under Chief Nkhosini in accordance with Swazi Law and Custom. On the allocated land, the prince proceeded to erect some business structures which include a filling station, a general garage, butchery and what is referred to as a convenience store.
The land which is the centre of the dispute is adjacent to the Caltex garage at Mhlaleni.
Mhlatsi and any of his agents were prohibited from interfering with the fencing of Mahlaba’s land.
It has also been alleged that the defendants brought an application against Mahlaba where he sought an order of court declaring that the land in question belonged to him. An inspection in loco was allegedly conducted by Judge Stanley Maphalala, the judge before whom the case appeared.
In the judgment of September 9, 2005, Judge Maphalala referred the matter to oral evidence on top of the inspection in loco. The defendants filed an appeal. After the case was heard on appeal, it was dismissed with costs and it was further confirmed that the issue of the ownership of the land was determined by the judgment of August 24, 1999.
"The plaintiff then instructed the deputy sherriff for the district of Manzini with the assistance of the Royal Swaziland Police to execute the above judgments," the prince said.
On March 22, 2012, Mahlaba advised Mhlatsi that he wanted to occupy his land and would secure that by whatever means including demolition, in view of the defiance of the court orders by Mhlatsi. He stated that his clear right to ownership of the land had been confirmed and Mhlatsi and all persons on his land were on unlawful occupation.
"The plaintiff states that first defendant put up the structures on its land in total defiance of a judgment of the above honourable court and in the circumstances, plaintiff will pray for an order of ejectment and demolition of all structures within its land," Mahlaba said in his application.
The prince prayed for an order ejecting the first defendant and his descendants from his land at Mhlaleni and an order allowing him to demolish all and whatever structure that is within the boundaries of his land at Mhlaleni. He further sought an order that the police should assist the deputy sheriff for the Manzini District in executing the orders. The orders were granted.
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