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Court name
Supreme Court
Case number
Civil Side 76 of 2008
Counsel for plantiff
Mr. Boulle

Intershore Consultant (Pty) Ltd v Mutaki (Civil Side 76 of 2008) [2008] SCSC 78 (01 April 2008);

Media neutral citation
[2008] SCSC 78
Gaswaga, J



INTERSHORE CONSULT (PTY) LTD                                           Petitioner




HIS WORSHIP, MAGISTRATE MUTAKI                                  Respondent



Civil Side No. 76 of 2008



Mr. Boulle for the Petitioner




Gaswaga, J


This was an application for leave to proceed with a petition filed by Intershore Consult (Pty) Ltd for certain orders including a Writ of Certiorari.  It was an exparte matter and it came before the Supreme Court by way of judicial review.  During the hearing but at the end of Mr. Boulle’s submissions, State Counsel, Mr. Jude Bonte, who had prosecuted the same before the Court below, pursuant to Rule 7 of SI 40 of 1995, applied to Court for time to file objections to the same.


I have heard the submissions by Mr. Boulle.  I have also perused the petition filed as well as the accompanying affidavits.  I am satisfied that the Petitioner has sufficient interest in the matter before the Court.  I am also satisfied that the said petition is being prosecuted in good faith.  Accordingly, leave to proceed with this petition is hereby granted.  Notice hereof is to be served on the Respondent together with the petition, affidavit and all connected documents and exhibits.


The Registrar is therefore directed to forward the record of proceedings of the Court below (Senior Magistrates Court).


The proceedings in the Court below are hereby stayed.


I so order.






Dated this 1st day of April, 2008.