Times Of Swaziland: EXECUTOR WANTS LAND  BACK FROM BENNETT

EXECUTOR WANTS LAND  BACK FROM BENNETT
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BY KWANELE DLAMINI on 09/11/2018 01:31:00


MBABANE – Haunted by judgments of former Chief Justice Michael Ramodibedi in
the sale of estate property allegedly fraudulently purchased by businessman
Walter Bennett’s company, the executor of the estate wants a review of those
judgments.
Simon Vilane has approached the Supreme Court to overturn the rulings made by
Ramodibedi, sitting both in the full bench that heard the appeal and review in
2014, in respect of the same matter.
Vilane has taken the matter to the Supreme Court after Bennett’s company,
Lipney Investments (Pty) Ltd, had sought and obtained an order restraining the
executor from transferring the disputed property, as well an order to register
the property in its name.
The appeal, which was dismissed in May 2014, was heard by Ramodibedi, sitting
with Judge Ebrahim and Judge Bheki Maphalala, who is now the Chief Justice. Not
satisfied with the ruling, Vilane took the matter up on review.
The review application was heard by Ramodibedi, Judges Philip Levinsohn,
Benjamin Odoki, Ebrahim and Moore on November 6, 2014. The application was
dismissed on December 3 of the same year. That judgment was also written by
Ramodibedi.
Vilane wants the execution of the judgment stayed pending finalisation of the
matter. Vilane is the executor of the estates of his late father Henry Ntonto
Vilane, who died in 1979 and his brother Ben, who is now deceased.
father
He said his father, among other properties, owned Portion 3 of Farm No.28
situated in the Lubombo Region, measuring 429. 7 hectares, and Remaining Extent
of Portion 1of Farm No.28 and No.261, both situated in the Lubombo Region. The
plots measure 861 hecatres and 19 hectares respectively.
The executor informed the court that new facts had come up regarding alleged
fraud in the conduct of Bennett and the previous executor of his late father’s
estate, Siboniso Clement Dlamini,  which if the court was aware of, it would not
have granted the judgments against the estate.