Mbabane – The High Court has dismissed an application by Roy Lusendvo Maziya to reverse a sale in execution of immovable property concluded 25 years ago by Standard Bank Swaziland and others in 2000, finding the matter grossly delayed, procedurally defective and an abuse of court processes.
Justice Mumcy Dlamini dismissed the application with punitive costs on December 12, 2025, ordering the applicant to personally pay costs, including certified costs of senior counsel, in favour of the first, second and third respondents.
The application sought, among other relief, the cancellation of the registration of property sold more than two decades ago, following default judgment obtained by the bank, Standard Bank Swaziland Limited, formerly Barclays Bank of Swaziland.
The dispute arose from a E55,934.06 debt incurred in 1999 by the late Bhekinkosi John Maziya, whose estate the applicant claimed to represent.
In rejecting the application, the court held that it was riddled with irregularities from the outset.
Justice Dlamini noted that although seven respondents were cited including the bank, private individuals, the Master of the High Court, the Registrar of Deeds, the Sheriff and the Attorney General the founding affidavit contained no substantive allegations against most of them.
The judge found that the affidavit failed to set out material facts necessary to sustain a cause of action, contrary to Rule 6 of the High Court Rules. The court also found that the applicant failed to clearly explain the nature of the alleged E55,934.06 payment made by the deceased, including whether it related to a mortgage bond, an overdraft facility or another obligation.
In determining the matter, the court relied on original records from 1999 and 2000, later located by the Registrar of the High Court. These showed that Standard Bank issued summons in 1999 for payment of E55,934.06 plus interest at 31.5 percent per annum, obtained default judgment, and secured an order declaring the property executable.
Although the deceased paid E55,934.06 through his attorneys in October 1999, the records showed that the amount did not extinguish the debt, which had risen to E66,941.11 due to interest and costs. The property was subsequently sold in execution on January 14, 2000, to Thomas Moore Kirk for E70,500.
Justice Dlamini noted that during his lifetime the deceased never challenged the sale in execution. His dispute was limited to the recovery of the amount he had paid, a matter that was finalised, with the residue of the sale proceeds paid over. The court questioned why the applicant sought, years after the deceased’s death in 2004, to reopen issues that had long been settled.
The court was critical of the applicant’s conduct, finding that he relied on hearsay, selectively presented documents and concealed material facts, including correspondence acknowledging receipt of payments and proof that the matter had been concluded. The judge held that the application was spurious and intended to mislead the court.
A further defect identified was the applicant’s lack of authority to institute proceedings. The court found that he did not hold valid letters of administration for many years and only obtained them in May 2024, long after the application had been launched in 2016. The applicant also failed to cite or serve the beneficiaries of the estate and sought re-registration of the property not only in the estate’s name but in his personal name.
Counsel for the respondents informed the court that the estate file of the late John Maziya had long been closed, a submission that was not disputed.
In dismissing the application in its entirety, the court stressed the need for finality in litigation and ordered the applicant to pay costs from his own pocket, including certified costs of senior counsel. The applicant was represented by Advocate L. Maziya, instructed by Nzima & Associates, while the respondents were represented by Advocate N.D. Jele of Robinson Bertram, Advocate T. Mafoking instructed by Henwood & Company, and S.S. Jele of S.M. Jele Attorneys.
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