A convicted killer, who, by all accounts, should have received a stiffer penalty if not the ultimate one, but for the generosity of the trial court which suddenly became unbelievably lenient despite the prosecution’s pleas for a sentence of life imprisonment, appealed against the sentence of seventeen years imprisonment. The sentence was imposed on 7 July 2017.
If ever there was a trifling with an appellate court by a recalcitrant, unrepentant and indeed ungrateful litigant, this appeal deserves a special prize for it. After hearing arguments from the parties, with the appellant self-representing, the court was exceedingly unanimous in its... More
This is an application for reinstatement of an appeal, which was not deemed to have been dismissed, but was by consent, struck off at the hearing on 24 November 2020 in SC 99/20, for the reason (per para 18 of the applicant’s founding affidavit) that the applicant “had failed to file heads of argument as required by the rules of this Honourable Court”. More
This is an appeal against the Judgement of the High Court in interpleader proceedings arising from the attachment of mining equipment carried out by the first respondent (the Sheriff) at Mbada Mine. The second respondent (the judgement creditor) had obtained judgement against Mbada Mine and the Sheriff, having attached certain movables at Mbada Mine, had advertised them for sale. The property attached comprises mining equipment, vehicles and office furniture. The claimants in the court a quo had filed separate interpleader applications which were consolidated and heard together, as the facts, the legal issues and the judgement creditor were the same. More
This is an appeal against the confirmation of a provisional order issued by the court a quo on 21 May 2020.
The terms of the final order appear at p 398 of the record and essentially interdicted the second respondent herein from removing any equipment from Empress Mine which is at the centre of the dispute. In the same order the appellant was allowed to remove its own equipment from the same mining claim.
Further, the final order also interdicted the appellant, the second respondent, and the fourth respondent from interfering with the first respondent’s mining activities at the mine.... More
On 8 January 2020, the High Court ordered the appellant to pay to the first respondent:
1. the sum of US$877 435 being the outstanding meteorological weather services fees (Met fees) for the period January 2006 to 30 April 2014;
2. all and further outstanding Met fees from 1 May 2014 to the date of final payment;
3. interest on the above sums at the prescribed rate from the date of the service of summons to date of final payment; and
4. costs of suit on a legal practitioner and client scale. More
