Court dismisses Globe Flight (Pty) Ltd’s application
MBABANE - The High Court of Eswatini has dismissed the notice of exception raised on behalf of Globe Flight (Pty) Ltd against Swazi Pharm Wholesalers (Pty) ltd.
7he Mudgement was passed by -udge %ongani 'lamini who further directed Globe Flight (Pty) Ltd to pay costs of the e[ception.
Swazi Pharm :holesalers (Pty) Ltd is the plaintiff in matter and Globe Flight (Pty) Ltd is the defendant.
,n his Mudgement, 'lamini said the plaintiff, issued summons against the defendant on 0ay , in which they claimed the payment of the sum ( in respect to the value of cer tain goods allegedly damaged through the negligence of the defendant.
Globe Flight (Pty) Ltd filed a notice to defend, the plaintiff also filed and
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Swazi Pharm :holesalers (Pty) Ltd alleged that they entered into an agreement with the defendant in that Globe flight Pty Ltd would offer cou rier services on behalf of the plaintiff.
³7he plaintiff had ordered snaNe venom from a South $frican company
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Nnown as 0edvision (Pty) Ltd and the defendant was contracted to ferry the consignment from South $frica to Swazi Pharm :holesalers (Pty) Ltd principal place of business,´ said the Mudge.
'lamini added that the other mate rial term of the agreement was that the anti venom should be Nept in the fridge and at a temperature below eight degrees.
+e said Globe Flight (Pty) Ltd was comfortable with the arrangement and accepted the instruction to ferry the snaNe venom from South $frica to (swatini.
³7he goods were valued at (
unfortunately the goods were damaged due to the defendant¶s neg ligence, which amongst other things, the failure to properly store the goods at the reTuired temperature.´
³$lso the negligence related to the defendant¶s driver¶s failure to advise the plaintiff of his late arrival at Swazi Pharm :holesalers (Pty) Ltd place of business,´ he said.
7he Mudge also mentioned that in re sponse to the plaintiff declaration, the defendant filled and served a notice of e[ception in which they alleged that the declaration was contradictory, vague and embarrassing amongst other things. 'lamini said these two cases have been pleaded concurrently and not separately or alternatively.
+e said the driver had not been named or Moined in the proceedings.
7he Mudge said the declaration did not disclose a cause of action insofar as it is not alleged that the said driver was acting in the course and scope of his employment with the defendant to establish vicarious liability.
,n his conclusion, 'lamini said the driver did not have any direct or substantial interest in the outcome of the matter, at least in the legal sense.
³7he order that may be issued by the court at the close of the proceedings is capable of being carried into effect without preMudicing the defendant¶s driver in any way whatsoever,´ he said.
'lamini said the driver can be a witness in the proceedings but the substance of the matter does not con cern him at all.